Sh. Yogender Prakash Gupta, New Delhi V. ITO, New Delhi

ITA 4266/DEL/2014

• Counselvise Citation: 426620114 RSA 2014
• Duration Of Justice: 1 year(s) 1 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-09-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC 1
• Next Hearing Date: 30-09-2015
• Assessment Year: 2004-2005
• Appeal Filed On: 05-08-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S L ANURAGI
• Assessee Lawyers: SOMIL AGARWAL; ABHISHEK ANAND
• Section: 68; 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : SMC-I : NEW DELHI BEFORE SHRI R.S. SYAL, ACCOUNTANT MEMBER ITA NO.4266/DEL/2014 ASSESSMENT YEAR : 2004-05 YOGENDER PRAKASH GUPTA, PRA TAXINDIA, D-28, SOUTH EXTENSION, PART-I, NEW DELHI. PAN : AAJPG1839Q VS. ITO, WARD-25(1), NEW DELHI. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI SOMIL AGARWAL, ADVOCATE & SHRI ABHISHEK ANAND. DEPARTMENT BY : SHRI S.L. ANURAGI, SR. DR DATE OF HEARING : 30. 09.2015 DATE OF PRONOUNCEMENT : 30.09.2015 ORDER THIS APPEAL BY THE ASSESSEE ARISES OUT OF THE ORDE R PASSED BY THE CIT(A) ON 20.5.2014 UPHOLDING THE PENALTY OF RS.1,5 2,935/- IMPOSED BY THE AO U/S 271(1)(C) OF THE INCOME-TAX ACT, 1961 (H EREINAFTER ALSO CALLED THE ACT) IN RELATION TO THE ASSESSMENT YEA R 2004-05. 2. I HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED T HE RELEVANT MATERIAL ON RECORD. IT IS OBSERVED THAT THE AO MAD E ADDITION OF RS.5 LAC ITA NO.4266/DEL/2014 2 U/S 68 OF THE ACT AND A FURTHER ADDITION OF RS.25,0 00/- U/S 69 OF THE ACT. THE INSTANT PENALTY HAS BEEN IMPOSED U/S 271(1)(C) WITH REFERENCE TO THESE TWO ADDITIONS. IT HAS BEEN BROUGHT TO MY NOT ICE THAT THE TRIBUNAL, VIDE ITS ORDER DATED 7.5.2015 IN ITA NO.2710/DEL/20 12, HAS RESTORED THE ADDITIONS TO THE FILE OF CIT(A) FOR FRESH ADJUDICAT ION. IN VIEW OF THE FACT THAT THE BASIS OF PENALTY, BEING THE ABOVE REFERRED TWO ADDITIONS, HAVE BEEN RESTORED TO THE FILE OF LD. CIT(A), I AM OF TH E CONSIDERED OPINION THAT IT WOULD BE IN THE FITNESS OF THINGS IF THE IM PUGNED ORDER IS ALSO SET ASIDE AND THE MATTER IS RESTORED TO THE FILE OF THE FIRST APPELLATE AUTHORITY FOR DISPOSING IT AFRESH AS PER LAW IN ACCORDANCE WI TH THE FINAL VIEW TAKEN BY HIM IN QUANTUM PROCEEDINGS. I ORDER ACCORDINGLY. 3. IN THE RESULT, THE APPEAL IS ALLOWED FOR STATIST ICAL PURPOSES. THE ORDER PRONOUNCED IN THE OPEN COURT ON 30.09.201 5. SD/- [R.S. SYAL] ACCOUNTANT MEMBER DATED, 30 TH SEPTEMBER, 2015. DK ITA NO.4266/DEL/2014 3 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT AR, ITAT, NEW DELHI.