Meerut Development Authority, Delhi V. Addl. CIT, Meerut

ITA 4426/DEL/2014

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 2981 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 9 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-05-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Next Hearing Date: 31-05-2017
• Assessment Year: 2003-2004
• Appeal Filed On: 12-08-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL [ DELHI BENCHES: E NEW DELHI ] BEFORE SHRI I. C. SUDHIR, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER I.T. APPEAL NOS. 4426, 4427 & 4428/DEL/2014 ASSESSMENT YEARS : 2003-04, 2004-05 & 2005-06 MEERUT DEVELOPMENT AUTHORITY, ADDL. COMMISSIONER C/O. KAPIL GOEL, ADV.; VS. OF INCOME TAX, A1/25, SECTOR : 15, RANGE : 1, ROHINI, DELHI 110 085, MEERUT. PAN : AAALM 0124 D (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI MUKUL GUPTA, ADV., DEPARTMENT BY : SHRI RAJESH KUMAR, SR.D.R. DATE OF HEARING : 31.05.2017 DATE OF PRONOUNCEMENT : 31.05.2017 O R D E R PER I. C. SUDHIR, J.M. : IN THESE APPEALS THE ASSESSEE HAS QUESTIONED LEVY OF PENALTY UNDER SECTION 271(1)(C) OF THE ACT, UPHELD BY THE LD. CIT. 2. AT THE OUTSET OF HEARING, THE LD. AR POINTED OUT THAT THE VERY SUBJECT MATTER OF THE LEVY OF PENALTY I.E. THE VERY ADDITIONS MADE IN 2 THE ASSESSMENT YEARS UNDER CONSIDERATION AGAINST THE ASSESSEE HAVE ALREADY BEEN DELETED BY THE TRIBUNAL IN THE CASE OF PRESENT ASSESSEE ITSELF VIDE ORDER DATED 29.09.2016 IN ITA. NOS. 5455 TO 5457/DEL/2010 [ASSESSMENT YEARS 2003-04 TO 2005-06, A COPY OF WHICH HAS BEEN MADE AVAILABLE TO THE BENCH WITH COPY TO OTHER SIDE]. 3. IN VIEW OF ABOVE DEVELOPMENT, WE HOLD THAT PENALTY LEVIED UNDER SECTION 271(1)(C) OF THE ACT IN QUESTION DOES NOT SURVIVE. THE SAME IS ACCORDINGLY DIRECTED TO BE DELETED. THE GROUNDS OF THE APPEAL QUESTIONING THE ACTION OF THE LD. CIT (A) IN SUSTAINING THE PENALTY ARE THUS ALLOWED. 4. IN RESULT, APPEALS ARE ALLOWED. 5. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON : 31.05.2017 . SD/- SD/- (PRASHANT MAHARISHI ) ( I. C. SUDHIR ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : THE 31 ST MAY, 2017 . *MEHTA* 3 COPY OF THE ORDER FORWARDED TO: 1. APPELLANT; 2. RESPONDENT; 3. CIT; 4. CIT (APPEALS); 5. DR, ITAT, ND. BY ORDER. ASSISTANT REGISTRAR 4 DATE DRAFT DICTATED ON 31 .0 5 .2017 DRAFT PLACED BEFORE AUTHOR 31 .0 5 .2017 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. APPROVED DRAFT COMES TO THE SR.PS/PS KEPT FOR PRONOUNCEMENT ON FILE SENT TO THE BENCH CLERK DATE ON WHICH FILE GOES TO THE AR DATE ON WHICH FILE GOES TO THE HEAD CLERK. DATE OF DISPATCH OF ORDER.