Vatsal Hotels Pvt. Ltd., Delhi V. ACIT, Circle- 26(1), New Delhi

ITA 4716/DEL/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 7038 (ITAT-DELHI)
• Duration Of Justice: 8 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-02-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Assessment Year: 2013-2014
• Appeal Filed On: 24-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M BARNWAL
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES FRIDAY, NEW DELHI BEFORE MS. SUSHMA CHOWLA, VICE PRESIDENT DR. B. R. R. KUMAR, ACCOUNTANT MEMBER ITA NO. 4716/DEL/2019 : ASSTT. YEAR : 201 3-14 VATSAL HOTELS PVT. LTD., CH. NO. 206-207, ANSAL SATYAM RDC, RAJNAGAR, GHAZIABAD-201002 VS ACIT, CIRCLE-26(1), NEW DELHI-110002 (APPELLANT) (RESPONDENT) PAN NO. AA CCV3668A ASSESSEE BY : SH. AKHILESH KUMAR, ADV. REVENUE BY : SH. M. BARNWAL, SR. DR DATE OF HEARING: 31 . 0 1 .2020 DATE OF PRONOUNCEMENT: 04 .02 .2020 ORDER PER DR. B.R.R. KUMAR, ACCOUNTANT MEMBER: THE PRESENT APPEAL HAS BEEN FILED BY THE ASSESSEE A GAINST THE ORDER OF LD. CIT (A)-28, NEW DELHI DATED 29.03. 2019. 2. FOLLOWING RELEVANT GROUNDS HAVE BEEN RAISED BY T HE ASSESSEE: 1 BECAUSE, ORDER OF ID. LOWER ID. CIT(A) IS BAD IN LAW AND AGAINST THE FACTS AND CIRCUMSTANCES OF THE CASE. 2 BECAUSE, THE LEARNED LOWER AUTHORITY ERRED IN SUSTAINING PENALTY WITHOUT APPRECIATING THAT PENALT Y IS INITIATED WITHOUT SPECIFYING THE SPECIFIC LIMB I N WHICH ASSESSEE IS PRESUMED TO BE DEFAULTED WHICH IS AGAINST THE LAW LAID DOWN IN CASE OF MANJUNATH COTTON AND GINNING FACTORY (2013) 359 ITR 565(KARNATAKA) AND APPROVED BY HON'BLE APEX COURT IN CASE OF SSA'S EMRALD MEADOWS. ITA NO. 4716/DEL/2019 VATSAL HOTELS PVT. LTD. 2 3. HEARD THE ARGUMENTS OF BOTH THE PARTIES AND PERU SED THE MATERIAL AVAILABLE ON RECORD. 4. THE QUANTUM APPEAL IN THE INSTANT CASE STANDS DE CIDED BY THE CO-ORDINATE BENCH OF ITAT IN ITA NO. 7696/DEL./ 2018 REMANDED THE MATTER BACK TO THE FILE OF THE ASSESSI NG OFFICER TO ADJUDICATE ON THE CORE ISSUE AFTER AFFORDING OPP ORTUNITY TO THE ASSESSEE. HENCE, AT THIS JUNCTURE, THE PENALTY LEVIED BY THE ASSESSING OFFICER DOES NOT SURVIVE. KEEPING IN VIEW, THE ORDER OF THE TRIBUNAL IN THE QUANTUM PROCEEDINGS, T HE PENALTY ORDER IS ALSO HEREBY REMANDED BACK TO THE FILE OF T HE ASSESSING OFFICER TO ALTER/MODIFY/AMEND/VARY DEPENDING UPON T HE OUTCOME IN THE QUANTUM PROCEEDINGS. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT ON 04/02/2020. SD/- SD/- (SUSHMA CHOWLA) (DR. B.R.R. KUMAR) VICE PRESIDENT ACCOUNTANT ME MBER DATED: 04/02/2020 *SUBODH* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR