DCIT CENTRAL CIRCLE-01, New Delhi V. Sahara Global Vision Pvt. Ltd., Mumbai

ITA 4939/DEL/2019

AI Insights

The case involves an appeal by the Revenue against the order of the CIT(A)-23, New Delhi, which pertained to the Assessment Year 2006-07. The CIT(A) had deleted a penalty imposed by the Assessing Officer (AO) on Sahara Global Vision Pvt. Ltd. The penalty was originally based on an addition made by the AO, which was later overturned by the ITAT in a separate quantum proceeding (ITA No.2514/Del/2014). Both parties agreed that since the addition was removed, the penalty should also be considered void. Consequently, the ITAT upheld the CIT(A)'s decision to delete the penalty.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 115700 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 8 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-02-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 12-02-2023
• Assessment Year: 2006-2007
• Appeal Filed On: 29-05-2019
• Other Referred Cases: ITA No.2514/Del/2014
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : A : NEW DELHI BEFORE SHRI C.M. GARG, JUDICIAL MEMBER AND DR. B.R.R. KUMAR, ACCOUNTANT MEMBER ITA No.4939/Del/2019 Assessment Year: 2006-07 DCIT, Central Circle-01, New Delhi. Vs. Sahara Global Vision Pvt. Ltd., CTS, 40-44, Sahara India Point, S.V. Road, Goregaon, Maharashtra. PAN: AAFCS2904P (Appellant) (Respondent) Assessee by : Shri Dinesh Verma, Advocate Revenue by : Shri Kanav Bali, Sr. DR Date of Hearing : 13.02.2023 Date of Pronouncement : 13.02.2023 ORDER This appeal filed by the Revenue is directed against the order dated 22.03.2019 of the CIT(A)-23, New Delhi, relating to Assessment Year 2006-07, deleting the penalty imposed by the AO. 2. The ld. Counsel of the assessee, placing a copy of the order of the ITAT in ITA No.2514/Del/2014, dated 30.08.2018, deleting the addition made by the AO for the instant assessment year in quantum proceedings, submitted that the penalty in this case does not survive. ITA No.4939/Del/2019 2 3. The ld. Sr. DR fairly agreed that the addition made by the assessee for the instant year has been deleted by the ITAT in the quantum proceedings and, hence, the penalty does not survive. 4. On careful consideration of the submissions of both the sides, we find that the penalty in this case does not survive since the addition, which was the very basis of imposing the penalty by the AO, has been deleted by the CIT(A) in quantum proceedings. Therefore, the order of the ld.CIT(A) deleting the penalty imposed by the AO is upheld. 5. In the result, the appeal filed by the Revenue is dismissed. Order pronounced in the open court on 13 th February, 2023. Sd/- Sd/- (B.R.R. KUMAR) (C.M. GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated:13 th February, 2023. dk Copy forwarded to : 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asstt. Registrar, ITAT, New Delhi