ACIT, New Delhi V. Shri Rakesh Gupta (HUF), New Delhi

ITA 462/DEL/2016

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 4388 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 7 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-09-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 29-01-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Opportunity of being heard

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES: B , NEW DELHI BEFORE SHRI P.K. BANSAL, VICE PRESIDENT & SHRI AMIT SHUKLA, ACCOUNTANT MEMBER ITA NO. 4 62/DEL/201 6 A.Y. 20 07 - 08 A CIT CIRCLE - 49 ( 1 ) ROOM NO.1504 15 TH FLOOR, E 2 BLOCK DR.SP MUKHERJEE CIVIC CENTRE NEW DELHI VS . RAKESH GUPTA (HUF) WZ - 407, JAIL ROAD SHIV NAGAR NEW DELHI PAN: AA LHR7070L (APPELLANT) (RESPONDENT) APPELLANT BY SH. ANSHU PRAKASH, SR.DR RESPONDENT BY NONE DATE OF HEARING 1 9 TH SEPTEMBER, 2017 DATE OF PRONOUNCEMENT 22 ND SEPTEMBER, 2017 ORDER PER P.K. BANSAL , VICE PRESIDENT THIS APPEAL HAS BEEN FILED BY THE REVENUE AGAINST THE ORDER OF LD. CIT(A) - 17 , NEW DELHI DATED 12.11. 201 5 DELETING PENALTY IMPOSED ON THE ASSESSEE U/S 271(1)(C) OF THE INCOME TAX ACT, 1961 (THE ACT). NONE APPEARED ON BEHALF OF THE ASSESSEE EVEN THOUGH NOTICE WAS SENT. WE THEREFORE DECIDED TO DISPOSE OF THE APPEAL AFTER HEARING THE LD. D.R. 2. AFTER HEARING THE LD.DR AND GOING THROUGH THE ORDERS OF THE AUTHORITIES B ELOW WE NOTED THAT IN THE CASE OF THE ASSESSEE FOR THE IMPUGNED ASSESSMENT YEAR THIS TRIBUNAL IN ITA 1496/DEL/2014 VIDE ORDER DT. ITA NO. 462 /DEL/201 6 A.Y.: 2007 - 08 RAKESH GUPTA (HUF), NEW DELH I . 2 7.4.2016 SET ASIDE THE ADDITION IN RESPECT OF WHICH THE PENALTY HAS BEEN IMPOSED BY THE ASSESSING OFFICER AND RESTORED IT TO T HE FILE OF THE ASSESSING OFFICER FOR DECIDING THE SAME AFRESH UNDER THE LAW AFTER GIVING REASONABLE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. SINCE THE ADDITION IN RESPECT OF WHICH THE PENALTY HAS BEEN LEVIED BY THE ASSESSING OFFICER HAS BEEN SET ASID E BY THIS TRIBUNAL AND RESTORED TO THE FILE OF THE ASSESSING OFFICER, THEREFORE, WE DO NOT FIND ANY ILLEGALITY OR INFIRMITY IN THE ORDER OF LD. CIT(A) IN DELETING THE PENALTY LEVIED ON THE ASSESSEE U/S 271(1)(C) OF THE INCOME TAX ACT, 1961. 3. IN THE RESU LT THE APPEAL FILED BY THE REVENUE STANDS DISMISSED. PRONOUNCED IN THE OPEN COURT ON 22 .09.2017. SD/ - SD/ - ( AMIT SHUKLA ) ( P.K. BANSAL ) JUDICIAL MEMBER VICE PRESIDENT DATED: THE 22 ND SEPTEMBER, 2017 * GMV ITA NO. 462 /DEL/201 6 A.Y.: 2007 - 08 RAKESH GUPTA (HUF), NEW DELH I . 3 COPY FORWARDED TO: - 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5 . DR, ITAT - TRUE COPY - BY ORDER, ASSISTANT REGISTRAR ITAT DELHI BENCHES NEW DELHI