Rohini Educational Society, V. Asst. Director of Income Tax (E),

ITA 4425/DEL/2007

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 3947 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 6 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-05-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Next Hearing Date: 13-05-2010
• Assessment Year: 1997-1998
• Appeal Filed On: 07-11-2007
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: H K LAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH `F: NEW DELHI BEFORE SHRI C.L.SETHI, JM & SHRI K.G. BANSAL, AM I.T. A. NO.4425/DEL OF 2007 ASSESSMENT YEAR: 1997-98 ROHINI EDUCATIONAL SOCIETY, VS ASSTT. DIRECTOR INC OME-TAX (E) C-1/30, PRASHANT VIHAR, INV.CIRCLE II, NEW DELHI . NEW DELHI. APPELLANT RESPO NDENT APPELLANT BY: SHRI K. SAMPATH DEPARTMENT BY: SHRI H.K. LAL ORDER PER C.L. SETHI, JM: THE ASSESSEE IS IN APPEAL AGAINST THE ORDER DATED 1 6.8.2007 PASSED BY THE LEARNED CIT(A) CONFIRMING THE PENALTY LEVIED BY THE AO U/S 271(1)(C) OF THE INCOME-TAX ACT, 1961 (THE ACT) PERTAINING TO AS STT. YEAR 1997-98. 2. WE HAVE HEARD BOTH THE PARTIES AND HAVE PERUSED THE MATERIAL ON RECORD. 3. IN THE COURSE OF HEARING OF THIS APPEAL, IT HAS BEEN POINTED OUT BY THE LEARNED COUNSEL FOR THE ASSESSEE, SHRI K. SAMPATH T HAT THE ADDITIONS ON THE BASIS OF WHICH PENALTY HAS BEEN LEVIED BY THE AO HA S, IN THE MEANTIME, BEEN RESTORED TO THE FILE OF THE AO FOR HIS FRESH ADJUDI CATION VIDE ORDER DATED 9.4.2010 BY ITAT, DELHI BENCH B, NEW DELHI IN ITA NO.4462/DEL/2004 2 PERTAINING TO THE ASSESSMENT YEAR 1997-98, AND CONS EQUENTLY, THE PENALTY ORDER DOES NOT SURVIVE AT THIS STAGE. 4. AFTER HEARING BOTH THE PARTIES AND CONSIDERING T HE AFORESAID ORDER OF THE TRIBUNAL, WE ARE OF THE CONSIDERED VIEW THAT TH E PENALTY ORDER PASSED BY THE AO U/S 271(1)(C ) DOES NOT SURVIVE ANY MORE INA SMUCH AS, THE ADDITIONS IN RESPECT OF WHICH THE PENALTY HAS BEEN LEVIED BY THE AO, HAS BEEN RESTORED BACK TO THE FILE OF THE AO FOR HIS FRESH ADJUDICATI ON. WE, THEREFORE, CANCEL THE PENALTY ORDER PASSED BY THE AO, AND SET ASIDE T HE ORDER OF CIT(A). 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED IN THE MANNER AS INDICATED ABOVE. 6. THIS DECISION WAS PRONOUNCED IN THE OPEN COURT O N 13 TH MAY, 2010 IMMEDIATELY AFTER THE HEARING WAS OVER. (K.G. BANSAL) (C.L . SETHI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 13 TH MAY , 2010 VIJAY COPY TO: 1. APPELLANT. 2. RESPONDENT. 3. CIT 4. CIT(A)-XXI, NEW DELHI 5. DR ASSISTANT REGISTRAR