ACIT, Gurgaon V. Sh. Mahesh Ohri, Gurgaon

ITA 4875/DEL/2013

• Counselvise Citation: 487520114 RSA 2013
• Duration Of Justice: 5 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-02-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 04-02-2014
• Assessment Year: 2005-2006
• Appeal Filed On: 14-08-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: GUNJAN PRASHAD
• Assessee Lawyers: SANDEEP AGGARWAL CAS; ARJUN KAPOOR

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 BENCH BENCH BENCH BENCH E EE E : NEW DELHI : NEW DELHI : NEW DELHI : NEW DELHI BEFORE SHRI G. BEFORE SHRI G. BEFORE SHRI G. BEFORE SHRI G.D.AGRAWAL, D.AGRAWAL, D.AGRAWAL, D.AGRAWAL, VICE PRESIDENT AND VICE PRESIDENT AND VICE PRESIDENT AND VICE PRESIDENT AND SHRI SHRI SHRI SHRI RAJPAL YADAV RAJPAL YADAV RAJPAL YADAV RAJPAL YADAV, ,, , JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER ITA NO ITA NO ITA NO ITA NO. .. .4875/DEL/2013 4875/DEL/2013 4875/DEL/2013 4875/DEL/2013 ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR : : : : 2005 2005 2005 2005- -- -06 0606 06 ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF INCOME TAX, INCOME TAX, INCOME TAX, INCOME TAX, CIRCLE CIRCLE CIRCLE CIRCLE- -- -2, 2,2, 2, GURGAON. GURGAON. GURGAON. GURGAON. VS. VS. VS. VS. SHRI MAHESH OHRI, SHRI MAHESH OHRI, SHRI MAHESH OHRI, SHRI MAHESH OHRI, C/O M/S MO C/O M/S MO C/O M/S MO C/O M/S MO, ,, , A AA A- -- -6, SUSHANT LOK 6, SUSHANT LOK 6, SUSHANT LOK 6, SUSHANT LOK- -- -I, I,I, I, M.G. ROAD, M.G. ROAD, M.G. ROAD, M.G. ROAD, GURGAON. GURGAON. GURGAON. GURGAON. PAN : PAN : PAN : PAN : AACPO3222G. AACPO3222G. AACPO3222G. AACPO3222G. (APPELLANT) (RESPONDENT) CROSS OBJECTION NO.13/DEL/2014 CROSS OBJECTION NO.13/DEL/2014 CROSS OBJECTION NO.13/DEL/2014 CROSS OBJECTION NO.13/DEL/2014 ASSESSMENT YEAR : ASSESSMENT YEAR : ASSESSMENT YEAR : ASSESSMENT YEAR : 2005 2005 2005 2005- -- -06 0606 06 SHRI MAHESH OHRI, SHRI MAHESH OHRI, SHRI MAHESH OHRI, SHRI MAHESH OHRI, C/O M/S MO, C/O M/S MO, C/O M/S MO, C/O M/S MO, A AA A- -- -6, SUSHANT LOK 6, SUSHANT LOK 6, SUSHANT LOK 6, SUSHANT LOK- -- -I, I,I, I, M.G. ROA M.G. ROA M.G. ROA M.G. ROAD, D,D, D, GURGAON. GURGAON. GURGAON. GURGAON. PAN : AACPO3222G. PAN : AACPO3222G. PAN : AACPO3222G. PAN : AACPO3222G. VS. VS. VS. VS. ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF INCOME TAX, INCOME TAX, INCOME TAX, INCOME TAX, CIRCLE CIRCLE CIRCLE CIRCLE- -- -2, 2,2, 2, GURGAON. GURGAON. GURGAON. GURGAON. (APPELLANT) (RESPONDENT) REVENUE BY : SHRI GUNJAN PRASHAD, CIT-DR. ASSESSEE BY : SHRI ARJUN KAPOOR AND SHRI SANDEEP AGGARWAL, CAS. ORDER ORDER ORDER ORDER PER PER PER PER G. G.G. G.D.AGRAWAL, D.AGRAWAL, D.AGRAWAL, D.AGRAWAL, VP VPVP VP : : : : THE APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A)-2, FARIDABAD DATED 14 TH JUNE, 2013 FOR THE AY 2005-06. 2. THE ONLY GROUND RAISED BY THE REVENUE IS AGAINST THE CANCELLATION OF PENALTY LEVIED UNDER SECTION 271(1) (C) OF THE INCOME- TAX ACT, 1961 AMOUNTING TO ` 67,32,000/-. ITA-4875/D/2013 & C.O.13/D/2014 2 3. WE HAVE HEARD BOTH THE SIDES AND PERUSED THE MAT ERIAL PLACED BEFORE US. THE ASSESSING OFFICER HAD LEVIED THE PE NALTY OF ` 67,32,000/- IN RESPECT OF THE ADDITION OF ` 2 CRORES WHICH WAS MADE BY THE ASSESSING OFFICER ON ACCOUNT OF SURRENDER MADE BY T HE ASSESSEE DURING ASSESSMENT PROCEEDINGS. IT WAS POINTED OUT BY THE LEARNED COUNSEL THAT AGAINST THE ABOVE ADDITION OF ` 2 CRORES, THE ASSESSEE HAD FILED THE APPEAL BEFORE THE ITAT AND THE ITAT, VIDE ORDER DATED 8 TH MARCH, 2013 IN ITA NO.4109/DEL/2009, DELETED THE AD DITION OF ` 2 CRORES. COPY OF THE ORDER OF ITAT IS PLACED ON REC ORD. ONCE THE ADDITION OF ` 2 CRORES, IN RESPECT OF WHICH PENALTY HAD BEEN LEVI ED, IS CANCELLED, THE PENALTY HAS NO LEGS TO STAND. ACCOR DINGLY, IN OUR OPINION, LEARNED CIT(A) RIGHTLY CANCELLED THE PENAL TY. HIS ORDER IS SUSTAINED AND THE APPEAL OF THE REVENUE IS DISMISSE D. 4. THE CROSS-OBJECTION BY THE ASSESSEE IS ONLY IN S UPPORT OF THE ORDER OF LEARNED CIT(A). AS WE HAVE ALREADY UPHELD THE ORDER OF LEARNED CIT(A), THE CROSS-OBJECTION OF THE ASSESSEE HAS BECOME INFRUCTUOUS AND, ACCORDINGLY, THE SAME IS ALSO DISM ISSED. 5. IN THE RESULT, THE APPEAL OF THE REVENUE AND THE CROSS-OBJECTION OF ASSESSEE ARE DISMISSED. DECISION PRONOUNCED IN THE OPEN COURT ON 7 TH FEBRUARY, 2014. SD/- SD/- ( (( (RAJPAL YADAV RAJPAL YADAV RAJPAL YADAV RAJPAL YADAV) )) ) (G.D.AGRAWAL) (G.D.AGRAWAL) (G.D.AGRAWAL) (G.D.AGRAWAL) JUDICIAL JUDICIAL JUDICIAL JUDICIAL MEMBER MEMBER MEMBER MEMBER VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT DATED : 07.02.2014 VK. ITA-4875/D/2013 & C.O.13/D/2014 3 COPY FORWARDED TO: - 1. ASSESSEE : SHRI MAHESH OHRI, SHRI MAHESH OHRI, SHRI MAHESH OHRI, SHRI MAHESH OHRI, C/O M/S MO, A C/O M/S MO, A C/O M/S MO, A C/O M/S MO, A- -- -6, SUSHANT LOK 6, SUSHANT LOK 6, SUSHANT LOK 6, SUSHANT LOK- -- -I, M.G. RO I, M.G. RO I, M.G. RO I, M.G. ROAD, AD, AD, AD, GURGAON. GURGAON. GURGAON. GURGAON. 2. REVENUE : ASSISTANT COMMISSIONER OF INCOME TAX, ASSISTANT COMMISSIONER OF INCOME TAX, ASSISTANT COMMISSIONER OF INCOME TAX, ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE CIRCLE CIRCLE CIRCLE- -- -2, GURGAON. 2, GURGAON. 2, GURGAON. 2, GURGAON. 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR