DCIT, New Delhi V. M/s Ansal Landmark Townships (P) Ltd., New Delhi

ITA 4343/DEL/2015

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 3400 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 4 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-11-2017
• Appeal Filed By: Department
• Order Result: Partly Allowed
• Bench Allotted: F
• Assessment Year: 2008-2009
• Appeal Filed On: 03-07-2015
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Assessee Lawyers: R N SHARMA

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES: F , NEW DELHI BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SMT. BEENA A PILLAI, JUDICIAL MEMBER ITA NO. 4343/DEL/2015 A.Y. 2008 - 09 & ITA NO. 4344/DEL/2015 A.Y. 2009 - 10 DCIT, CIRCLE 2(2 ) NEW DELHI VS . ANSAL LANDMARK TOWNSHIPS (P) LTD. 115, ANSAL BHAWAN 16 KG MARG NEW DELHI 110 001 PAN: AAECA 8892 P (APPELLANT) (RESPONDENT) APPELLANT BY SHRI ATIQ AHMAD, SR.D.R. RESPONDENT BY SH. R.N.SHARMA, C.A . DATE OF HEARING 20 TH NOVEMBER, 2017 DATE OF PRONOUNCEMENT 22 ND NOVEMBER, 2017 ORDER PER BEENA A PILLAI, JUDICIAL MEMBER T HE PRESENT PENALTY APPEALS HA VE BEEN PREFERRED BY REVENUE AGAINST ORDER DATED 07/04/15 PASSED BY LD. CIT(A) - 1, NEW DELH I FOR ASSESSMENT YEARS 2008 - 09 AND 2009 - 10 ON THE FOLLOWING GROUNDS OF APPEAL: ITA NO. 4343/ D EL/2015 1 . ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LD.CIT(A) HAS ERRED ON FACTS AND IN LAW IN DELETING THE PENALTY, WHEREAS THE ADDITION HAD BEEN CONFI RMED BY LD.CIT(A). 2 2 . THE APPELLANT CRAVES LEAVE FOR RESERVING THE RIGHT TO AMEND, MODIFY, ALTER, ADD OR FOREGO ANY GROUNDS OF APPEAL AT ANY TIME BEFORE OR DURING THE HEARING OF THIS APPEAL. ITA NO. 4344/ D EL/2015 1 . ON THE FACTS AND IN THE CIRCUMSTANCES OF THE C ASE, THE LD.CIT(A) HAS ERRED ON FACTS AND IN LAW IN DELETING THE PENALTY, WHEREAS THE ADDITION HAD BEEN CONFIRMED BY LD.CIT(A). 2 . THE APPELLANT CRAVES LEAVE FOR RESERVING THE RIGHT TO AMEND, MODIFY, ALTER, ADD OR FOREGO ANY GROUNDS OF APPEAL AT ANY TIME BEFO RE OR DURING THE HEARING OF THIS APPEAL 3 . BRIEF FACTS OF THE CASE ARE AS UNDER: A SSESSING O F FICER LEVIED A PENALTY OF RS. 1,81,00,000/ - AND RS. 1,62,00,000/ - FOR DISALLOWANCE OF RS.5, 30 ,96, 607/ - AND RS. 4,7 6 ,30, 766 / - UNDER SECTION 40 (A) (IA) OF THE A CT FOR ASSE SSMENT YEARS UNDER CONSIDERATION RESPECTIVELY. IT HAS BEEN SUBMITTED THAT THE ADDITIONS WERE UPHELD BY LD. CIT (A) - 4, 2 N EW DELHI V IDE ORDER DATED 13/03/12 AND 01/11/12 RESPECTIVELY. THE ASSESSEE THEREAFTER APPEALED BEFORE THIS T RIBUNAL. TRIBUNAL V IDE ORD ER DATED 21/07/14 IN ITA NO. 2972/ D EL/2012 AND 877/ D EL/2013 FOR ASSES SMENT YEARS 2008 - 09 AND 2009 - 10 , SET ASIDE THE ISSUE TO THE FILE OF LD. AO FOR LIMITED PURPOSES OF VERIFICATION. THIS T RIBUNAL DIRECTED THAT ASSESSING OFFICER TO VERIFY WHETHER , PAYE E HAS FILED HIS RETURN OF INCOME AND PAID OF THE TAXES WITHIN STIPULATED TIME AND IF THE COMPLIANCE HAS BEEN DONE BY THE PAYEE, NO DISALLOWANCE SHALL BE MADE IN THE HANDS OF THE ASSESSEE. 3.1. LD. DR PLACED HIS RELIANCE UPON THE ORDERS OF THE AUTHORITIES B ELOW. 3.2. LD. AR PLACED HIS RELIANCE UPON THE RELEVANT FINDINGS IN THE ORDER PASSED BY THIS T RIBUNAL IN ASSESSEE S OWN CASE FOR THE ASSESSMENT YEARS 2008 - 09 AND 2009 - 10 IN ITA NO.2859/DEL/12 AND 817/DEL/13 VIDE ORDER DT. 21.7.2014. 3 4. WE HAVE PERUSED THE SUBMISSIONS ADVANCED BY BOTH THE SIDES IN THE LIGHT OF DECISION OF THIS TRIBUNAL IN ASSESSEE S OWN CASE FOR THE YEARS UNDER CONSIDERATION. THIS TRIBUNAL HELD AS UNDER. 13. RESPECTFULLY FOLLOWING THE SAME, WE SET ASIDE THE ISSUE TO THE FILE OF AO FOR T HE LIMITED PURPOSE OF VERIFICATION. THE AO SHALL VERIFY WHETHER PAYEE HAS FILED HIS RETURN OF INCOME AND PAID OF THE TAXES WITHIN STIPULATED TIME. IF IT HAS DONE SO NO DISALLOWANCE SHALL BE MADE. 5. IN OUR CONSIDERED OPINION, AS THIS T RIBUNAL IN THE QUA NTUM APPEAL HAS SET ASIDE THE ISSUE TO THE FILE OF THE AO FOR DUE VERIFICATION OF CERTAIN FACTS . UNDER SUCH CIRCUMSTANCES , THE PENALTY ALSO NEEDS TO BE SENT BACK TO THE LD. AO TO DECIDE IN CONFORMITY WITH THE QUANTUM APPEAL. 6. IN LIEU OF THE ABOVE DISCUS SION THE APPEALS FILED BY THE REVENUE FOR ASSESSMENT YEAR 2008 - 09 AND 2009 - 10 STAND ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 22 ND N OVEMBER, 2017. SD/ - SD/ - (R.S. SYAL) (BEENA A PILLAI) VICE PRESIDENT JUDICIAL MEMBER DATED: 22 ND NOVEMBER, 2017. 4 COPY OF THE ORDER FORWARDED TO: 1. APP ELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR 6. GUARD FILE BY ORDER ASST. REGISTRAR ITAT, DELHI BENCHES, NEW DELHI