M/s. Vipul Motors Pvt. Ltd., Faridabad V. DCIT, New Delhi

ITA 5077/DEL/2014

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 7144 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 9 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-07-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: H
• Assessment Year: 2003-2004
• Appeal Filed On: 15-09-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: RAJESH ARORA

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI D BENCH, NEW DELHI BEFORE SHRI N.K. BILLAIYA , ACCOUNTANT MEMBER, AND S MT BEENA A. PILLAI, JUDICIAL MEMBER ITA NO. 507 7 /DEL/201 4 [A.Y 20 03 - 04 ] & ITA NO. 5078/DEL/2014 [A.Y 2004 - 05] M/S VIPUL MOTORS P VT LTD VS. THE DY. C. I.T 27/5, K.M. MAIN MATHURA ROAD CIRCLE 17( 1 ) FARIDABAD NEW DELHI PAN : AABCV 0931 B [APPELLANT] [RESPONDENT] DATE OF HEARING : 0 3 . 0 7 .201 8 DATE OF PRONOUNCEMENT : 0 5 .0 7 .2018 ASSESSEE BY : SHRI RAJESH ARORA, CA REVENUE BY : S HRI AMIT JAIN, SR. DR ORDER PER N.K. BILLAIYA , ACCOUNTANT MEMBER, THESE TWO SEPARATE APPEALS BY THE ASSESSEE ARE PREFERRED AGAINST TWO SEPARATE ORDERS OF THE CIT(A) - 19, NEW DELHI DATED 07.07.2014 PERTAINING TO A.YS 2003 - 04 & 2004 - 05. 2 2. IN BOTH THESE APPEALS, THE ASSESSEE AGGRIEVED BY THE LEVY OF PENALTY U/S 271(1)(C ) OF THE INCOME - TAX ACT, 1961 [HEREINAFTER REFERRED TO AS 'THE ACT' AMOUNTING TO RS. 5,51,250 / - IN A.Y 2003 - 04 AND RS. 37,287/ - IN A.Y 2004 - 05. 3. AT THE VERY OUTSET, THE LD. AR STATED THAT THE QUANTUM ADDITIONS WHICH WERE CHALLENGED BEFORE THE TRIBUNAL H AVE BEEN DECIDED IN FAVOUR OF THE ASSESSEE AND AGAINST THE REVENUE. THE LD. AR PROVIDED COPY OF THE ORDER OF THE TRIBUNAL DATED 23.05.2018. 4. THE LD. DR COULD NOT BRING ANY DISTINGUISHING DECISION IN FAVOUR OF THE REVENUE. 5. WE HAVE CONSIDERED THE OR DERS OF THE AUTHORITIES BELOW AND HAVE DULY TAKEN INTO CONSIDERATION THE ORDER OF THE CO ORDINATE BENCH IN ITA NOS. 5217 & 5218/DEL/2013. WE FIND FORCE IN THE CONTENTION OF THE LD. AR. THE ADDITIONS WHICH FORM BASIS FOR LEVY OF PENALTY U/S 27191)(C) OF T HE ACT HAVE BEEN DELETED BY THE TRIBUNAL IN THE AFOREMENTIONED ORDER. SINCE THE FOUNDATION HAS BEEN REMOVED, THE SUPER STRUCTURE MUST FALL. THE AO IS DIRECTED TO DELETE THE PENALTY LEVIED IN THE RESPECTIVE A.YS. 3 6. IN THE RESULT, BOTH THE APPEALS OF THE ASSESSEE IN ITA NOS. 5077 & 5078/DEL/2013 ARE ALLOWED. THE ORDER IS PRON OUNCED IN THE OPEN COURT ON 0 5 .0 7 .2018. S D / - S D / - [ BEENA PILLAI ] [ N.K. BILLAIYA ] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 0 5 T H JU LY , 2018 VL/ COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5 . DR ASST. REGISTRAR, ITAT, NEW DELHI 4 DATE OF DICTATION DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS/PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.PS/PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER