ACIT, New Delhi V. M/s. Sampark Industries Ltd., New Delhi

ITA 5571/DEL/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 7864 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 6 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-04-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 19-04-2016
• Assessment Year: 2003-2004
• Appeal Filed On: 15-10-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: T RISHPAL BEDI
• Assessee Lawyers: SANJIV KUMAR THA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH F NEW DELHI) BEFORE SHRI I.C. SUDHIR AND SHRI O.P. KANT ITA NO. 5 5 7 1 /DEL/201 3 ASSESSMENT YEAR: 200 3 - 0 4 ACIT, VS. SAMPARK INDUSTRIES LTD., CIRCLE - 7(1), PANCHVATI, R AM MANDIR, NEW DELHI. VASANT KUNJ, NEW DELHI. (PAN: AA F C S4898E ) (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI SANJIV KUMAR THA , CA DEPARTM ENT BY: SHRI T RISHPAL BEDI , SR. DR DATE OF HEARING : 1 9 . 0 2 .201 6 DATE OF PRONOUNCEMENT: 26 : 0 4 .201 6 ORDER PER I.C. SUDHIR : JUDICIAL MEMBER REVENUE HAS QUESTIONED FIRST APPELLATE ORDER WHEREBY THE LEARNED CIT(APPEALS) HAS DEL ETED THE PENALTY OF RS.44,29,597 LEVIED UNDER SEC. 271(1)(C) OF THE INCOME - TAX ACT, 1961. 2. DURING THE COURSE OF HEARING, THE LEARNED AR POINTED OUT THAT PRESENT APPEAL PREFERRED BY THE REVENUE QUESTIONING THE DELETION OF PENALTY LEVIED UNDER SEF. 271(1) OF THE INCOME - TAX ACT, 1961 IS NOT MAINTAINABLE SINCE IN THE MEANWHILE THE QUANTUM APPEAL ON THE BASIS OF THE ADDITIONS QUESTIONED THEREIN, PENALTY WAS LEVIED HAS BEEN ALLOWED IN FAVOUR OF THE ASSESSEE. 2 3. IN VIEW OF THE ABOVE DEVELOPMENT, THE PRESENT A PPEAL IS DISMISSED AS HAVING BECOME INFRUCTUOUS. 4 . IN RESULT, THE APPEAL IS DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON 26 . 0 4 . 201 6 S D/ - SD/ - ( O.P . K A NT ) ( I.C. S UDHIR ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 26 / 0 4 /201 6 MOHAN LAL COPY FORWARDED TO: 1) APPELLANT 2) RESPONDENT 3) CIT 4) CIT(APPEALS) 5) DR:ITAT ASSISTANT REGISTRAR DATE DRAFT DICTATED DIRECTLY ON COMPUTER 26 . 0 4 .201 6 DRAFT P LACED BEFORE AUTHOR 26 . 0 4 .2016 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. 26 .04 .2016 APPROVED DRAFT COMES TO THE SR.PS/PS 26 . 0 4 .2016 KEPT FOR PRONOUNCEMENT ON 26 .04 .2016 FILE SENT TO THE BENCH CLERK 27 . 0 4 .2016 DATE ON WHICH FILE GOES TO THE AR DATE ON WHICH FILE GOES TO THE HEAD CLERK. DATE OF DISPATCH OF ORDER. 3