Vinayak Educational Society, Noida V. CIT(A)- 1, Noida

ITA 545/DEL/2018

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 0562 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 10 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-12-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Assessment Year: 2010-2011
• Appeal Filed On: 23-01-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S S RANA
• Section: 271(1)(c); 201

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH, G , NEW DELHI , . . , BEFORE MS. SUSHMA CHOWLA, AM & SH. N.K. BILLAIYA , AM . / ITA NO: 545 /DEL/201 8 / ASSESSMENT YEAR: 2010 - 11 M/S VINAYAK EDUCATIONAL SOCIETY , 6B, KNOWLEDGE PARK - II, GREATER NOIDA PAN - AAATV5466F .......... / APPELLANT VS CIT(A) - 1, NOIDA . / RESPONDENT / APPELLANT BY : MS . SWEETY KOTHARI , C.A. / RESPONDENT BY : SH. S.S. RANA , SR.DR / DATE OF HEARING: 19 .12.2019 / DATE OF PRONOUNCEMENT: 20 .12.2019 / ORDER PER SUSHMA CHOWLA, JM: THE APPEAL FILED BY ASSESSEE IS AGAINST ORDER OF CIT(A) - I , NOIDA , DATED 27.09.2017 RELATING TO ASSESSMENT YEAR 2010 - 11. 2. THE ISSUE RAISED IN THE PRESENT APPEAL IS AGAINST THE LEVY OF PENALTY U/S 271(1)(C) OF THE INCOME TAX ACT, 1961 (HEREINAFTER THE ACT). 2 ITA NO. 545 /DEL/20 1 8 ASSESSMENT YEAR: 2010 - 11 3. THE LD. AR FOR THE ASSESSEE POINTED OUT THAT THE ISSUE OF QUANTUM ADDITION HAS BEEN SET - ASIDE TO THE FILE OF THE CIT(A) BY THE TRIBUNAL AND CONSEQUENTLY THE PENALTY APPEAL DO NOT SURVIVE. 4. THE LD. DR FOR THE REVENUE OPPOSED THE CONTENTIONS OF THE ASSESSEE. 5. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE RECORD. THE ISSUE ON MERITS HAS BEEN SET - ASIDE TO THE FILE OF THE CIT(A) , CONSEQ UENTLY, WE REMIT THE ISSUE OF LEVY OF PENALTY U/S 271(1)(C) OF THE ACT BACK TO THE FILE OF THE CIT(A). 6. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 20 TH DAY OF DECEMBER , 2019. - SD/ - - SD/ - ( N. K. BILLAIY A) (SUSHMA CHOWLA) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / DATED : 20 TH DECEMBER , 201 9 . SH / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT ; 2. / THE RESPONDEN T; 3. ( ) / THE CIT(A) 4. , , / DR, ITAT, DELHI 5. / GUARD FILE. / BY ORDER , /ASSISTANT REGISTRAR , , / ITAT, DELHI