M/s. Mehta Realtors Pvt. Ltd., New Delhi V. ITO, New Delhi

ITA 4548/DEL/2014

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 2987 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 9 month(s) 12 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: 2004-2005
• Appeal Filed On: 19-08-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 143(3); 147

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 NO. 4548/DEL/2014 ASSESSMENT YEAR : 2004-05. M/S. MEHTA REALTORS PVT. LTD., INCOME TAX OFFICER, 9/53A, POCKET : A, VS. WARD : 6 (3), KALKAJI EXTENSION, NEW DELHI. NEW DELHI 110 019. PAN : AAECM 0667 Q (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI ANUNAV KUMAR, 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 THE APPEAL FOR THE ASSESSMENT YEAR 2004-05 THE ACTION OF THE LD. CIT (APPEAL) IN UPHOLDING THE LEVY OF PENALTY UNDER SECTION 271(1)(C) OF THE ACT HAS BEEN QUESTIONED. THE LD. AR AT THE OUTSET OF HEARING POINTED OUT THAT THE VERY ADDITION I.E. SUBJECT MATTER OF LEVY 2 OF PENALTY HAS BEEN DELETED BY THE TRIBUNAL IN THE CASE OF ASSESSEE ITSELF FOR THE ASSESSMENT YEAR UNDER CONSIDERATION VIDE ORDER DATED 13.12.2016 IN ITA. NO. 1633/DEL/2003, A COPY OF WHICH HAS BEEN MADE AVAILABLE TO THE BENCH WITH A COPY TO THE OTHER SIDE. 2. HAVING GONE THROUGH THE SAID ORDER DATED 13.12.2016 OF THE TRIBUNAL, WE FIND THAT THE ASSESSMENT FRAMED UNDER SECTION 147 / 143(3) OF THE ACT, WHICH IS SUBJECT MATTER OF LEVY OF PENALTY IN THE PRESENT CASE, HAS BEEN HELD INVALID AND HAS BEEN QUASHED ACCORDINGLY. IN VIEW OF THESE DEVELOPMENTS, THE LEVY OF PENALTY IN QUESTION DOES NOT STAND. THE PRESENT APPEAL FOR THE ASSESSMENT YEAR 2004-05 IS ACCORDINGLY ALLOWED. 3. IN RESULT, APPEAL IS ALLOWED. 4. 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 31.05.2017 DRAFT PLACED BEFORE AUTHOR 31.05.2017 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.