Mrs. Sunita Tripathi, New Delhi V. CIT(A)- 1, Noida

ITA 4391/DEL/2016

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 9685 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 4 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-01-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2011-2012
• Appeal Filed On: 11-08-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SARAS KUMAR
• Assessee Lawyers: SAMEER KAPPOR
• Keywords: Set aside
• Section: 271(1)(c)

Judgement Text

1 , , IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH G, NEW DELHI , ! #$ . % , ' ( BEFORE MS. SUSHMA CHOWLA, JM & DR. B.R.R. KUMAR, AM ) / ITA NO.4391/DEL/2016 * * / ASSESSMENT YEAR 2011-12 SUNITA TRIPATHI, C/O-GARG BROS. & ASSOCIATES, CAS, 203/88, NEHRU PLACE, NEW DELHI-110019. PAN-AOAPK5852N .......... +, /APPELLANT VS CIT(A)-1, NOIDA-201301(U.P). . -.+, / RESPONDENT +,/0 / APPELLANT BY : SH. SAMEER KAPPOR, CA -.+,/0 / RESPONDENT BY : SH. SARAS KUMAR, SR.DR /1' / DATE OF HEARING : 02.01.2020 23 /1' / DATE OF PRONOUNCEMENT: 02.01.2020 4 / ORDER PER SUSHMA CHOWLA, JM THE PRESENT APPEAL FILED BY ASSESSEE IS AGAINST ORD ER OF CIT(A)-1, NOIDA DATED 31.03.2016 RELATING TO ASSESSMENT YEAR 2011-12 AGAINST THE PENALTY LEVIED UNDER SECTION 271(1)(C) OF THE INCO ME-TAX ACT, 1961 (IN SHORT THE ACT). ITA NO.4391/DEL/2016 ASSESSMENT YEAR 2011-12 2. THE LD.AR FOR THE ASSESSEE AT THE OUTSET POINTED OUT THAT THE PRESENT APPEAL IS AGAINST THE PENALTY LEVIED U/S 271(1)(C) OF THE ACT. HE FURTHER POINTED OUT THAT THE ISSUE IN QUANTUM APPEAL HAS BE EN SET ASIDE TO THE FILE OF CIT(A). 3. THE LD. DR FOR THE REVENUE ALSO FAIRLY POINTED O UT THAT THE QUANTUM ADDITIONS HAVE BEEN SET ASIDE TO THE FILE OF CIT(A) BY THE TRIBUNAL. 4. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE RECORD. THE PRESENT APPEAL IS AGAINST THE PENALTY LEVIED FOR CO NCEALMENT U/S 271(1)(C) OF THE ACT. THE BASIS FOR THE SAID PENALTY WAS THE QUANTUM ADDITION MADE IN THE HANDS OF THE ASSESSE. THE TRIBUNAL IN ITA N O. 3639/DEL/2016 RELATING TO ASSESSMENT YEAR 2011-12 VIDE ORDER DATE D 20.09.2019 HAS SET ASIDE THE ISSUE ON MERITS TO THE FILE OF THE CIT(A) , WHO HAD ENHANCED THE INCOME IN THE HANDS OF THE ASSESSEE. CONSEQUENT TH ERETO, WE SET ASIDE THE ISSUE OF LEVY OF PENALTY U/S 271(1)(C) OF THE ACT T O THE FILE OF CIT(A). 5. IN THE RESULT, THE APPEAL OF ASSESSEE IS ALLOWED . ORDER PRONOUNCED IN THE OPEN COURT ON 0 2 ND JANUARY 2020. SD/- SD/- (B.R.R.KUMAR) (SUSH MA CHOWLA) ' /ACCOUNTANT MEMBER /JUDICIAL MEMBER / DATED : 02 ND JANUARY, 2020 . * AMIT KUMAR * ITA NO.4391/DEL/2016 ASSESSMENT YEAR 2011-12 4/-1567618 COPY OF THE ORDER IS FORWARDED TO : 1. +, / THE APPELLANT 2. -.+, / THE RESPONDENT 3. 91 : ; / THE CIT(A) 4. < 91 / THE PR. CIT 5. 6. 6=>-1 ? ? / DR, ITAT, DELHI >#*@8 GUARD FILE. 4 / BY ORDER , .61-1 // TRUE COPY // A B C , ? ASSISTANT REGISTRAR, ITAT, DELHI