DCIT, WARD- 10(3), NEW DELHI V. SUNSHINE CAPITAL LTD., NEW DELHI

ITA 5517/DEL/2017

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 1065 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 6 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-03-2020
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2008-2009
• Appeal Filed On: 29-08-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Set aside

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL [ DELHI BENCH 'A' : NEW DLEHI ] BEFORE SHRI G.S. PANNU, VICE PRESIDENT A N D SHRI K. NARASIMHA CHARY, JUDICIAL MEMBER ITA. NOS. 5517/DEL/20I7 ASSESSMENT YEAR : 2008-09. M/S. SUNSHINE CAPITAL LTD., 209, BHANOT PLAZA - II, DESH BANDHU GUPTA ROAD, PAHARGANJ, NEW DELHI-110 05 5. PAN : AABCS1913J [APPELLANT] (RESPONDENT) ASSESSEE BY : SHRI PIYUSH KAUSHIK, ADV.; DEPARTMENT BY : MS. RAKHI VIMAL, SR. D. R.; DATE OF HEARING : 28/02/2020 DATE OF ORDER : 02/03/2020 O R D E R PER K. NARASIMHA CHARY, J.M. : THIS IS AN APPEAL FILED AGAINST ORDER DATED 28/02/2 017 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS)-30, NEW DELHI, IN THE CASE OF M/S. SUNSHINE CAPITAL LTD. ('ASSESSEE') FOR ASSESSMENT YEAR 2008- 09. 2. AT THE OUTSET, LEARNED AUTHORIZED REPRESENTA TIVE SUBMITTED THAT THIS IS A PENALTY APPEAL AND THE ADDITION GIVING RISE TO THIS PENALTY WAS DEALT WITH BY CO- ORDINATE BENCH OF THE TRIBUNAL IN ITA. NO. 787 (DEL ) OF 2014 BY ORDER DATED 08.10.2018. THE TRIBUNAL HAD TAKEN A VIEW THAT THE ORDER OF THE FIRST APPELLATE DCIT, WARD : 10 (3), NEW DELHI. VS. AUTHORITY HAS TO BE SET ASIDE AND THE ISSUE TO BE R EMANDED TO THE FILE OF THE ASSESSING OFFICER. 3. THE LEARNED COUNSEL FOR THE ASSESSEE PRODUCE D THE COPY OF THE ORDER AND WE HAVE PERUSED THE SAME. 4. THE LEARNED SENIOR DEPARTMENTAL REPRESENTATI VE DOES NOT CONTROVERT THIS FACT. 5. WE HAVE HEARD THE PARTIES AND PERUSED THE RE CORDS. SINCE THE VERY BASIS FOR LEVY OF PENALTY I.E. ISSUE OF QUANTUM HAS BEEN SET ASIDE TO THE FILE OF THE LEARNED ASSESSING OFFICER, WE ARE OF THE CONSIDERED OPINION THAT PENA LTY BASED ON SUCH NON-EXISTENT GROUND DOES NOT SURVIVE. IN THE FITNESS OF THINGS, WE SET ASIDE THE IMPUGNED ORDER AND REMAND THE ISSUE OF PENALTY TO THE FILE OF THE ASSE SSING OFFICER TO TAKE A VIEW IN CONSONANCE WITH THE VIEW TO BE TAKEN ON THE R'' ASPECT OF QUANTUM. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED, FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON : O2/O3/2020) DATED :02/03/2020 *MEHTA* ASSISTANT REGISTRAR ITAT NEW DELHI