ITO, New Delhi V. M/s. Anila Mahajan, New Delhi

ITA 4869/DEL/2009

• Counselvise Citation: [2010] 119 COUNSELVISE.COM (IT) 5584 (ITAT-DELHI)
• Duration Of Justice: 2 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-03-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 25-02-2010
• Assessment Year: 2001-2002
• Appeal Filed On: 29-12-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A K MONGA

Judgement Text

I.T.A. NO.4869/DEL/09 1/2 IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH A NEW DELHI) BEFORE AHRI R.P. TOLANI, JUDICIAL MEMBER AND SHRI A.K. GARODIA, ACCOUNTANT MEMBER I.T.A. NO. 4869/DEL/2009 ASSESSMENT YEAR : 2001-02 ITO, MS. ANILA MAHAJAN, WARD-4 (1), A-180, OKHLA INDL. AREA, NEW DELHI. V. PHASE-I, N. DELHI. (APPELLANT) (RESPONDENT) PAN /GIR/NO.AANPM-9235-C APPELLANT BY : SHRI A.K. MONGA, SR. DR. RESPONDENT BY : SHRI SALIL AGARWAL, ADVOCATE. ORDER PER A.K. GARODIA, AM: THIS IS REVENUE'S APPEAL DIRECTED AGAINST THE ORDER OF LD CIT(A)-VII, NEW DELHI DATED 16.10.2009 FOR ASSESSMENT YEAR 2001-02. 2. THE ONLY GRIEVANCE OF THE REVENUE IS REGARDING D ELETION OF PENALTY OF RS.23,87,273/- IMPOSED BY THE ASSESSING OFFICER U/S 271 (1) ( C) OF THE INCOME TAX ACT, 1961. 3. LD DR OF THE REVENUE SUPPORTED THE PENALTY ORDE R WHEREAS IT IS SUBMITTED BY LD COUNSEL OF THE ASSESSEE THAT IN QUANTUM APPEA L, THE TRIBUNAL HAS DELETED THE ADDITION BY FOLLOWING ANOTHER TRIBUNAL DECISION RENDERED IN THE CASE OF JATIN MAHAJAN IN I.T.A. NO.2668/DEL/2007 DATED 8.5.2009 F OR THE SAME ASSESSMENT YEAR AND THAT ASSESSEE IS CO-ASSESSEE. SINCE, THE Q UANTUM ADDITION HAS ALREADY BEEN DELETED BY THE TRIBUNAL, THE PENALTY IMPOSED B Y THE ASSESSING OFFICER . I.T.A. NO.4869/DEL/09 2/2 CANNOT SURVIVE AND HENCE WE FIND NO REASON TO INTER FERE IN THE ORDER OF LD CIT(A). THE SAME IS CONFIRMED. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. 5. ORDER PRONOUNCED IN THE OPEN COURT ON 5TH MARCH ,2010. SD/- SD/- (R.P. TOLANI) (A.K. GARODIA ) JUDICIAL MEMBER ACCOUNTANT MEMBER DT. 05.3.2010. HMS COPY FORWARDED TO:- 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT (A)-, NEW DELHI. 5. THE DR, ITAT, LOKNAYAK BHAWAN, KHAN MARKET, NEW DELHI. TRUE COPY. BY ORDER (ITAT, NEW DELHI).