DCIT, New Delhi V. M/s. SVP Builders (India) Ltd., Ghaziabad

ITA 5324/DEL/2014

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 3249 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 2 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-11-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2003-2004
• Appeal Filed On: 30-09-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S S RANA
• Assessee Lawyers: R P AGARWAL

Judgement Text

IN THE INCOME-TAX APPELLATE TRIBUNAL, DELHI BENCH G, NEW DELHI BEFORE : SHRI H.S. SIDHU, JUDICIAL MEMBER AND SHRI L.P. SAHU, ACCOUNTANT MEMBER ITA NOS. 5324 TO 5329/DEL./2014 ASSESSMENT YEARS: 2003-04 TO 2008-09 D.C.I.T., CIRCLE 7(1), NEW DELHI. (APPELLANT) VS. M/S. SVP BUILDERS (INDIA) LTD., 17, KIRAN ENCLAVE (NEAR SAMRAT HOTEL), GHAZIABAD. (PAN AAECS 8870M) (RESPONDENT) APPELLANT BY SH. S.S. RANA, CIT/DR RESPONDENT BY SH. R.P. AGARWAL, ADVOCATE ORDER PER L.P. SAHU, A.M.: ALL THESE SIX APPEALS ARE DIRECTED BY THE REVENUE AGAINST SEPARATE ORDERS OF THE LD. CIT(A)-X, DELHI, ALL DATED 18.07. 2014, CHALLENGING THE DELETION OF PENALTIES IMPOSED BY ASSESSING OFFICER U/S. 271( 1)(C) OF THE IT ACT, 1962, AMOUNTING TO RS.53,10,375/-, RS.71,75,000/-, RS.2,1 2,58,790/-, RS.4,04,59,320/-, RS.10,00,00,000/- AND RS.3,50,00, 000/- RESPECTIVELY FOR THE ASSESSMENT YEARS 2003-04, 2004-05, 2005-06, 2006-07 , 2007-08 AND 2008-09 RESPECTIVELY. DATE OF HEARING 30.11.2017 DATE OF PRONOUNCEMENT 30 .11.2017 ITA NO. 5324 TO 5329/DEL./2014 2 2. THE IMPUGNED ORDERS HAVE BEEN CHALLENGED BY THE REVENUE ON THE FOLLOWING SOLITARY GROUND, WHICH IS COMMON IN ALL T HESE APPEALS BARRING THE AMOUNTS OF PENALTIES IMPOSED. THE GROUND RAISED IN APPEAL FOR A.Y. 2003-04 READS AS UNDER : 1. THE LD. CIT(A) HAS ERRED ON FACTS AND IN LAW IN C ANCELLING THE PENALTY OF RS.53,10,375/- IMPOSED BY THE ASSESSING OFFICER U/S. 271(1)(C) OF THE I.T. ACT, 1961. 3. WE HAVE HEARD BOTH THE PARTIES AND HAVE GONE THR OUGH THE ENTIRE MATERIAL AVAILABLE ON RECORD. AT THE INCEPTION OF H EARING, THE LD. AR OF THE ASSESSEE INVITING OUR ATTENTION TO A CONSOLIDATED O RDER DATED 29 TH APRIL, 2014 (COPY PLACED ON RECORD) PASSED BY ITAT DELHI BENCHE S, NEW DELHI IN QUANTUM APPEALS OF THE ASSESSEE FOR THE CAPTIONED ASSESSMEN T YEARS, SUBMITTED THAT THE ADDITIONS, ON THE BASIS OF WHICH THE IMPUGNED PENAL TIES HAVE BEEN IMPOSED, STAND DELETED. HE ALSO INVITED OUR ATTENTION TO THE DECISION OF HONBLE JURISDICTIONAL HIGH COURT DATED 15.12.2015(COPY PLA CED ON RECORD), WHEREBY THE APPEALS FILED BY THE REVENUE AGAINST THE AFORES AID ORDER OF THE TRIBUNAL STOOD DISMISSED. THE LEARNED DEPARTMENTAL REPRESENT ATIVE FAIRLY CONCEDED THAT THE ADDITIONS GIVING RISE TO THE PRESENT PENAL TIES STOOD DELETED BY THE TRIBUNAL ORDER (SUPRA) WHICH STOOD CONFIRMED BY THE HONBLE HIGH COURT. IN PRESENCE OF ALL THESE FACTS, WE ARE OF THE OPINION, THAT ONCE THE ADDITIONS, ON ITA NO. 5324 TO 5329/DEL./2014 3 THE BASIS OF WHICH THE IMPUGNED PENALTIES HAVE BEEN IMPOSED IN THE INSTANT CASES, HAVE BEEN DELETED IN QUANTUM APPEALS, THE VE RY BASIS OF IMPOSITION OF PENALTIES STOOD COLLAPSED. WE, THEREFORE, ARE NOT INCLINED TO INTERFERE WITH THE ORDERS OF THE LD. CIT(A) WHO HAS DELETED THE IMPUGN ED PENALTIES AFTER CONSIDERING THE ORDER OF THE TRIBUNAL, DELETING THE CORRESPONDING ADDITIONS, AS NOTED ABOVE. IN VIEW OF THIS MATTER, THE APPEALS OF THE REVENUE ARE FOUND BEREFT OF MERITS AND ARE, ACCORDINGLY, LIABLE TO FA IL. 4. IN THE RESULT, ALL THESE SIX APPEALS OF THE REVE NUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 30.11.2017. SD/- SD/- (H.S. SIDHU) (L.P. SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 30.11.2017 *AKS* COPY OF ORDER FORWARDED TO: (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES, NEW DELHI