ITO, New Delhi V. Sh. Shree Chand Sharma, New Delhi

ITA 464/DEL/2012

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 2797 (ITAT-DELHI)
• Duration Of Justice: 5 year(s) 5 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-07-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 18-05-2017
• Assessment Year: 2008-2009
• Appeal Filed On: 31-01-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: L K POONAM; K R SHUKLA ADVS
• Keywords: Non compliance; Ignorance of law

Judgement Text

1 ITA NO. 464/DEL/2012 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: G NEW DELHI BEFORE SHRI R. K. PANDA, ACCOUNTANT MEM BER AND MS SUCHITRA KAMBLE, JUDI CIAL MEMBER I.T.A .NO.464/DEL/201 2 (A.Y 2008-09) ITO WARD-26(3) ROOM NO. 314-D, VIKAS BHAWAN NEW DELHI (APPELLANT) VS SHREE CHAND SHARMA WZ-20, POSSANGIPUR VILLAGE JANAK PURI NEW DELHI BJRPS2858B (RESPONDENT) APPELLANT BY SH. N. K. BANSAL, SR. DR RESPONDENT BY SH. L. K. POONAM & SH. K. R. SHUKLA, ADVS ORDER PER SUCHITRA KAMBLE, JM THE APPEAL IS FILED BY THE REVENUE AGAINST THE ORDE R DATED 29/11/2011 PASSED BY THE CIT(A)-XXIV, NEW DELHI. 2. THE GROUNDS OF APPEAL ARE AS UNDER:- 1. ONE THE FACTS AND CIRCUMSTANCES OF THE CASE, TH E CIT(A) ERRED IN CANCELLING THE PENALTY IMPOSED U/S 271D OF THE I.T. ACT, 1961 AS THE CIT(A) HAS HELD THAT NON COMPLIANCE TO THE PROVISIO NS OF SECTION 269SS WAS DUE TO IGNORANCE OF LAW. 3. RETURN OF INCOME WAS FILED ON 13/1/2009 DECLARI NG AN INCOME OF RS.2,44,080/-. THE CASE WAS SELECTED FOR SCRUTINY AND STATUTORY NOTICES WERE ISSUED & SERVED UPON THE ASSESSEE. DURING THE COUR SE OF ASSESSMENT DATE OF HEARING 18.05.2017 DATE OF PRONOUNCEMENT 07.07.2017