Shalimar Town Planners Pvt. Ltd., New Delhi V. DCIT, Central circle-32, New Delhi

ITA 4788/DEL/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 5289 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 3 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-10-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2009-2010
• Appeal Filed On: 04-07-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHAILESH KUMAR SENIOR
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL DELHI DELHI DELHI DELHI FRIDAY BENCH FRIDAY BENCH FRIDAY BENCH FRIDAY BENCH A AA A : NEW DELHI : NEW DELHI : NEW DELHI : NEW DELHI (THROUGH VIDEO CONFERENCING) (THROUGH VIDEO CONFERENCING) (THROUGH VIDEO CONFERENCING) (THROUGH VIDEO CONFERENCING) BEFORE BEFORE BEFORE BEFORE JUSTICE P.P. BHATT, HONBLE PRESIDENT AND JUSTICE P.P. BHATT, HONBLE PRESIDENT AND JUSTICE P.P. BHATT, HONBLE PRESIDENT AND JUSTICE P.P. BHATT, HONBLE PRESIDENT AND SHRI G.S. PANNU, HONBLE VICE PRESIDENT SHRI G.S. PANNU, HONBLE VICE PRESIDENT SHRI G.S. PANNU, HONBLE VICE PRESIDENT SHRI G.S. PANNU, HONBLE VICE PRESIDENT ITA NO. ITA NO. ITA NO. ITA NO. 4788 4788 4788 4788 /DEL/2018 /DEL/2018 /DEL/2018 /DEL/2018 ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR : : : : 20 2020 20 09 0909 09 - -- - 10 1010 10 M/S SHALIMA M/S SHALIMA M/S SHALIMA M/S SHALIMA R TOWN PLANNERS R TOWN PLANNERS R TOWN PLANNERS R TOWN PLANNERS PVT.LTD., PVT.LTD., PVT.LTD., PVT.LTD., M MM M- -- -11, MIDDLE CIRCLE, 11, MIDDLE CIRCLE, 11, MIDDLE CIRCLE, 11, MIDDLE CIRCLE, CONNAUGHT CIRCUS, CONNAUGHT CIRCUS, CONNAUGHT CIRCUS, CONNAUGHT CIRCUS, NEW DELHI NEW DELHI NEW DELHI NEW DELHI 110 001. 110 001. 110 001. 110 001. PAN : AABCS5851R. PAN : AABCS5851R. PAN : AABCS5851R. PAN : AABCS5851R. VS. VS. VS. VS. ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF INCOME TAX, INCOME TAX, INCOME TAX, INCOME TAX, CENTRAL CIRCLE CENTRAL CIRCLE CENTRAL CIRCLE CENTRAL CIRCLE- -- -32, 32, 32, 32, NEW DELHI. NEW DELHI. NEW DELHI. NEW DELHI. (APPELLANT) (RESPONDENT) APPELLANT BY : NONE. RESPONDENT BY : SHRI SHAILESH KUMAR, SENIOR DR. DATE OF HEARING : 09.10.2020 09.10.2020 09.10.2020 09.10.2020 DATE OF PRONOUNCEMENT : 09.10 09.10 09.10 09.10.2020 .2020 .2020 .2020 ORDER ORDER ORDER ORDER PER G.S. PANNU, VICE PER G.S. PANNU, VICE PER G.S. PANNU, VICE PER G.S. PANNU, VICE PRESIDENT PRESIDENT PRESIDENT PRESIDENT : :: : THIS APPEAL BY THE ASSESSEE FOR THE ASSESSMENT YEA R 2009-10 IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A)-30, NE W DELHI DATED 16 TH MAY, 2018. 2. AT THE TIME OF VIRTUAL HEARING OF THE EARLY HEAR ING APPLICATION FILED BY THE ASSESSEE, NOBODY APPEARED ON BEHALF OF THE ASSESSEE. CONSIDERING THE SUBMISSIONS OF THE ASSESSEE MADE IN THE SAID APPLICATION, AND WITH THE CONSENT OF LEARNED SENIOR DR, WE PROCEEDED TO DECIDE THE INSTANT APPEAL QUA THE ASSESSEE. ITA-4788/DEL/2018 2 3. THE ONLY GROUND RAISED BY THE ASSESSEE IN THIS A PPEAL IS AGAINST THE LEVY OF PENALTY OF `4,87,111/- IMPOSED U/S 271( 1)(C) OF THE INCOME- TAX ACT, 1961. 4. IT HAS BEEN POINTED OUT BY THE LEARNED COUNSEL F OR THE ASSESSEE IN ITS LETTER DATED 17 TH SEPTEMBER, 2020 THAT THE QUANTUM APPEAL OF THE CAPTIONED ASSESSMENT YEAR AGAINST WHICH THE AFORESA ID PENALTY IS LEVIED, HAS BEEN ALLOWED BY THE ITAT G BENCH, NEW DELHI VIDE ORDER DATED 30 TH JUNE, 2020 IN ITA NO.2312/DEL/2013. A COPY OF TH E SAID ORDER OF THE TRIBUNAL HAS ALSO BEEN FILED ON RECORD . IT HAS, THEREFORE, BEEN PRAYED THAT THE PENALTY MAY ALSO BE DELETED. 5. LEARNED SENIOR DR RELIED UPON THE ORDERS OF AUTH ORITIES BELOW. 6. WE HAVE CAREFULLY CONSIDERED THE SUBMISSIONS MAD E BY THE ASSESSEE IN ITS APPLICATION AND PERUSED THE MATERIA L PLACED BEFORE US. SINCE THE ADDITIONS ITSELF HAVE BEEN DELETED BY THE ITAT, THE PENALTY BASED UPON SUCH ADDITIONS CANNOT SURVIVE. WE, THER EFORE, CANCEL THE PENALTY LEVIED U/S 271(1)(C) OF THE ACT. 7. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED. ABOVE DECISION WAS ANNOUNCED ON CONCLUSION OF VIRTU AL HEARING ON 9 TH OCTOBER, 2020. SD/- SD/- ( (( ( JUSTICE P.P. BH JUSTICE P.P. BH JUSTICE P.P. BH JUSTICE P.P. BH ATT ATT ATT ATT ) )) ) (G.S. PANNU (G.S. PANNU (G.S. PANNU (G.S. PANNU ) )) ) PRESIDENT PRESIDENT PRESIDENT PRESIDENT VICE VICE VICE VICE PRESIDENT PRESIDENT PRESIDENT PRESIDENT VK. ITA-4788/DEL/2018 3 COPY FORWARDED TO: - 1. APPELLANT : M/S SHALIMAR TOWN PLANNERS PVT.LTD ., M/S SHALIMAR TOWN PLANNERS PVT.LTD., M/S SHALIMAR TOWN PLANNERS PVT.LTD., M/S SHALIMAR TOWN PLANNERS PVT.LTD., M MM M- -- -11, MIDDLE CIRCLE, CONNAUGHT CIRCUS, 11, MIDDLE CIRCLE, CONNAUGHT CIRCUS, 11, MIDDLE CIRCLE, CONNAUGHT CIRCUS, 11, MIDDLE CIRCLE, CONNAUGHT CIRCUS, NEW DELHI NEW DELHI NEW DELHI NEW DELHI 110 001. 110 001. 110 001. 110 001. 2. RESPONDENT : ASSISTANT COMMISSIONER OF INCOME TA X, ASSISTANT COMMISSIONER OF INCOME TAX, ASSISTANT COMMISSIONER OF INCOME TAX, ASSISTANT COMMISSIONER OF INCOME TAX, CEN CEN CEN CENTRAL CIRCLE TRAL CIRCLE TRAL CIRCLE TRAL CIRCLE- -- -32, NEW DELHI. 32, NEW DELHI. 32, NEW DELHI. 32, NEW DELHI. 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR