Rakhi Parihar, Noida V. ITO, Ward-1(3), Noida

ITA 5223/DEL/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 9699 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 1 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-07-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 07-06-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Set aside
• Section: 271(1)(c); 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES SMC-2 : DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER ITA.NO.5223/DEL./2019 ASSESSMENT YEAR 2009-2010 SMT. RAKHI PARIHAR, A-56, SECTOR-16, NOIDA PIN 201 301. PAN AHAPP0752H [ VS. THE INCOME TAX OFFICER, WARD 1 (3), NOIDA. UTTAR PRADESH. ( APPELLANT ) (RESPONDENT) FOR ASSESSEE : SHRI VED JAIN, ADVOCATE. SHRI ASHISH GOEL, C.A. MS. SURBHI GOYAL, C.A. FOR REVENUE : S HRI R.K. GUPTA , SR. D.R. DATE OF HEARING : 07 .0 7 .20 20 DATE OF PRONOUNCEMENT : 07 .0 7 .20 20 ORDER THIS APPEAL BY THE ASSESSEE HAS BEEN DIRECTED AGAINST THE ORDER OF THE LD. CIT(A)-1, NOIDA, DATED 30.11.2018, FOR THE A.Y. 2009-2010, CHALLENGING THE LEVY OF PENALTY UNDER SECTION 271(1)(C) OF THE I.T. ACT, 1961. 2. I HAVE HEARD THE LEARNED REPRESENTATIVE OF BOTH THE PARTIES THROUGH VIDEO CONFERENCING AND PERUSED THE MATERIAL AVAILABLE ON RECORD. 2 ITA.NO.5223/DEL./2019 SMT. RAKHI PARIHAR, NOIDA. U.P. 3. IN THIS CASE ASSESSEE FILED RETURN OF INCOME SHOWING INCOME OF RS.3,47,910/-. THE CASE WAS REOPENED ON ACCOUNT OF DIFFERENCE IN GROSS RECEIPTS AS SHOWN IN THE RETURN OF INCOME AND AS APPEARING IN FORM NO.26AS. THE A.O. AFTER DETAILED DISCUSSION MADE ADDITION ON ACCOUNT OF DIFFERENCE IN GROSS RECEIPTS IN A SUM OF RS.3,60,364/-. THE LD. CIT(A) IN THE ABSENCE OF ASSESSEE DISMISSED THE APPEAL OF ASSESSEE. 4. LEARNED COUNSEL FOR THE ASSESSEE CONTENDED THAT ASSESSEE PREFERRED APPEAL BEFORE ITAT, SMC-BENCH, DELHI AGAINST THE QUANTUM ADDITION AND THE TRIBUNAL IN ITA.NO.1660/DEL./2018 VIDE ORDER DATED 19.12.2018 HAD DELETED THE ADDITION IN QUESTION. 5. AFTER CONSIDERING THE SUBMISSIONS OF BOTH THE PARTIES, I AM OF THE VIEW THAT NO PENALTY IS LEVAIBLE AGAINST THE ASSESSEE. SINCE THE QUANTUM ADDITION HAVE BEEN DELETED BY THE TRIBUNAL, THEREFORE, NOTHING SURVIVE IN FAVOUR OF THE REVENUE SO AS TO LEVY THE PENALTY. I, THEREFORE, SET ASIDE THE ORDERS OF THE AUTHORITIES BELOW AND CANCEL THE PENALTY. 3 ITA.NO.5223/DEL./2019 SMT. RAKHI PARIHAR, NOIDA. U.P. 6. IN THE RESULT, APPEAL OF THE ASSESSEE ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- (BHAVNESH SAINI) JUDICIAL MEMBER DELHI, DATED 07 TH JULY, 2020 VBP/- COPY TO 1. THE APPELLANT 2. THE RESPONDENT 3. CIT(A) CONCERNED 4. CIT CONCERNED 5. D.R. ITAT SMC - 2 BENCH, DELHI 6. GUARD FILE. // BY ORDER // ASSISTANT REGISTRAR : ITAT DELHI BENCHES : DELHI.