Green Valley Tower Pvt. Ltd., New Delhi V. ACIT, Central circle-32, New Delhi

ITA 4786/DEL/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 9815 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 8 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-03-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2007-2008
• Appeal Filed On: 04-07-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M BARANWAL
• Assessee Lawyers: AJAY BHAGWANI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI A BENCH: NEW DELHI (THROUGH VIDEO CONFERENCING ) BEFORE SHRI G.S. PANNU, VICE PRESIDENT AND SHRI K.NARSIMHA CHARY, JUDICIAL MEMBER ITA NO.4786/DEL/2018 ASSESSMENT YEAR : 2007-08 GR EEN VALLEY TOWER PVT.LTD., M-11, MIDDLE CIRCLE, CONNAUGHT CIRCUS, NEW DELHI-110001. PAN-AAACG4032B VS ACIT, CENTRAL CIRUCLE-32, NEW DELHI APPELLANT RESPONDENT APPELLANT BY SH.AJAY BHAGWANI, CA RESPONDENT BY SH.M.BAR A NWAL, SR.DR DATE OF HEARING 12.03.2021 DATE OF PRONOUNCEMENT 12 .03.2021 ORDER PER K.NARSIMHA CHARY, J.M. : THIS APPEAL IS FILED BY THE ASSESSEE CHALLENGING THE ORDER DATED 07.05.2018 IN APPEAL NO.144/14-15/1722 PASSED BY LD. COMMISSIONER OF INCOME TAX (APPEALS)-30, NEW DELHI [LD. CIT(A)] REFUSING TO DELETE T HE PENALTY LEVIED BY THE ASSESSING OFFICER BY ORDER DATED 14.04.2014. 2. AT THE OUTSET, LD.AR SUBMITTED THAT VERY BASIS OF LEVY OF PENALTY, NAMELY, THE QUANTUM ADDITION WAS DELETED BY A CO-ORDINA TE BENCH OF THIS TRIBUNAL IN ITA NOS. 1735 & 1750/DEL/2013 VIDE ORDER DATED 15/01/2021 AND, THEREFORE, THE PENALTY CANNOT BE SUSTAIN ED. HE PRODUCED THE COPY OF ORDER DATED 15.01.2021 IN ITA NO. 1735/DEL/2013 FOR ASSESSMENT YEAR 2006-07 AND ITA NO. 1750/DEL/2013 FOR ITA NO.-4786 /DEL/2018 2 ASSESSMENT YEAR 2007-08 WHEREIN THE QUANTUM ADDITION W AS DELETED AND IT FORMS PART OF RECORD. 3. DELETION OF QUANTUM ADDITION BY A CO-ORDINATE BENCH OF THIS TRIBUNAL AS IS EVIDENCED FROM THE COPY OF THE ORDER DATED 15.01.2021 REMAINS UNDISPUTABLE. IN THESE CIRCUMSTANCES, WE ARE OF THE CONSIDERED OPINION THAT THE PENALTY CANNOT SURVIVE AND THE SAME HA S TO BE DELETED. WE DIRECT THE ASSESSING OFFICER TO DELETE THE SAME. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 12 TH MARCH, 2021, ON THE CONCLUSION OF HEARING OVER VIRTUAL MODE. SD/- SD/- (G.S. PANNU) (K.NARSIMHA CHARY) VICE PRESIDENT JUDICIAL MEMBER DATED:- 12 TH MARCH, 2021. * AMIT KUMAR * COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI