Ramesh Chand, Roorkee V. DCIT, Circle , Haridwar

ITA 4390/DEL/2018

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 5963 (ITAT-DEHRADUN)
• Duration Of Justice: 3 year(s) 6 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-12-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2007-2008
• Appeal Filed On: 07-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: HEMANT ARORA
• Keywords: Set aside
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : B : NEW DELHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER ITA No.4390/Del/2018 Assessment Year: 2007-08 Ramesh Chand, C/o Hemant Arora & Co., LLP, 354-B, 30 Civil Lines, Roorkee. PAN: AUAPC2368R Vs. DCIT, Circle, Haridwar. (Appellant) (Respondent) Assessee by : Shri Hemant Arora, CA & Shri Pavitra Arora, Advocate Revenue by : Shri N.C. Upadhyay, Sr. DR Date of Hearing : 21.12.2021 Date of Pronouncement : 21.12.2021 ORDER PER R.K. PANDA, AM: This appeal filed by the assessee is directed against the order dated 22 nd March, 2018 of the CIT(A), Haldwani, relating to Assessment Year 2007-08. 2. Although a number of grounds have been raised by the assessee, these all relate to the order of the CIT(A) in confirming the penalty of Rs.23,91,870/- levied by the AO u/s 271(1)(c) of the IT Act. ITA No.4390/Del/2018 2 3. The ld. Counsel for the assessee, at the outset, filed a copy of the order of the Tribunal vide ITA No.2014/Del/2016, order dated 22.09.2021 for AY 2007- 08 and submitted that the Tribunal has deleted the addition made by the AO and sustained by the CIT(A). Therefore, the penalty does not survive. He accordingly submitted that the penalty levied by the AO and sustained by the CIT(A) should be deleted. 4. The ld. DR, on the other hand, fairly conceded that the Tribunal has deleted the addition in quantum appeal. 5. After hearing both the sides, we find the Tribunal has already deleted the quantum addition which is the basis for levy of penalty u/s 271(1)(c) in the instant case. Since the addition has already been deleted by the Tribunal, therefore, the penalty does not survive. Accordingly, the order of the CIT(A) is set aside and the AO is directed to delete the penalty. 6. In the result, the appeal filed by the assessee is allowed. Order pronounced in the open court at the time of hearing itself, i.e., on 21.12.2021. Sd/- Sd/- (CHALLA NAGENDRA PRASAD) (R.K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 21 st December, 2021 dk ITA No.4390/Del/2018 3 Copy forwarded to : 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asstt. Registrar, ITAT, New Delhi