M/s. Standard Brands Limited, New Delhi V. ITO, New Delhi

ITA 4556/DEL/2014

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 4329 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 2 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-10-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2006-2007
• Appeal Filed On: 19-08-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SANJAY TRIPATHI
• Assessee Lawyers: ASHUTOSH RAJAT

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI G BENCH, NEW DELHI BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER, AND SHRI N.K. BILLAIYA ACCOUNTANT MEMBER ITA NO. 4556 /DEL/201 4 [A.Y 20 06 - 07 ] THE STANDARD BRANDS L IMITED VS. THE I.T .O 6, BABAR LANE WARD 9 ( 2 ) BENGALI MARKET NEW DELHI NEW DELHI PAN : A AECS 3200 P [APPELLANT] [RESPONDENT] DATE OF HEARING : 2 9 . 1 0 .201 8 DATE OF PRONOUNCEMENT : 31 . 1 0.2018 ASSESSEE BY : SHRI ASHUTOSH RAJAT, ADV REVENUE BY : SHRI SANJAY TRIPATHI , SR - DR ORDER PER N.K. BILLAIYA , ACCOUNTANT MEMBER, THIS APPEAL BY THE ASSESSEE IS PREFERRED AGAINST THE ORDER OF THE CIT(A) - X I DATED 20.06.2014 PERTAINING TO A.Y 20 06 - 07 . 2. THE SOLITARY GRIEVANCE OF THE ASSESSEE IS THAT THE CIT(A) ERRED IN UPHOLDING THE LEVY OF PENALTY U/S 271(1)(C) OF THE INCOME - TAX ACT , 1961 [HEREINAFTER REFERRED TO AS 'THE ACT']. 2 3. AT THE VERY OUTSET, THE LD. AR POINTED OUT THAT THE APPEAL AGAINST QUANTUM ADDITIONS IS PENDING BEFORE THE CIT(A). THIS BEING THE FACT OF THE MATTER, WE RESTORE THIS APPEAL TO THE FILE OF THE CIT(A) WITH A DIRECTION TO DECIDE THE LEVY OF PENALTY AFRESH AFTER DECIDING THE QUANTUM APPEAL. 4 . IN THE RESULT, THE APPEAL OF THE ASSESSEE IN ITA NO. 4556 /DEL/201 4 IS ALLOWED FOR STATISTICAL PURPOSES . THE ORDER IS PRON OUNCED IN THE OPEN COURT ON 31 . 1 0.2018. S D / - S D / - [ H.S. SIDHU ] [ N.K. BILLAIYA ] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 31 S T OCTOBER , 2018 VL/ COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5 . DR ASST. REGISTRAR, ITAT, NEW DELHI 3 DATE OF DICTATION DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS/PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.PS/PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER