M/s Time Bound Contracts Pvt. Ltd., New Delhi V. ITO, New Delhi

ITA 5910/DEL/2016

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 2144 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 3 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-03-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2006-2007
• Appeal Filed On: 18-11-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: PARITOSH JAIN ADV EFT TTT TT
• Section: 27; 2

Judgement Text

3TPTM 3TTFFCFRJT 3 T S EVFT IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH G, NEW DELHI BEFORE MS. SUSHMA CHOWLA, V.P 8 B SHRI PRASHANT MAHARISHI, AM 3TRRR 3T$TF U. / ITA NO.5910/DEL/201 FRFTFRUT CF / ASSESSMENT YEAR 2006-07 M/S TIME BOUND CONTRACTS PVT. LTD., ' PARSVNATH METRO TOWER, NEAR SHAHDARA METRO STATION, NEW DELHI-110032. PAN-AACCT1772B 3H DLCH 12FT/APPELLANT VS WARD-25(3), NEW DELHI. ' / RESPONDENT 3PJTBT2FT CT 3TK / APPELLANT BY : SH. PARITOSH JAIN, ADV. EFT 3TTT TT / RESPONDENT BY : SH. H.K.CHOUDHARY, CIT DR CRLCJL CP| DLTLTS! / DATE OF HEARING : 16.03.2020 DATE OF PRONOUNCEMENT: 16.03.2020 3TT&9T / ORDER PER SUSHMA CHOWLA,VP THE PRESENT APPEAL FILED BY ASSESSEE IS AGAINST ORDER OF CIT(A)-13, NEW DELHI DATED 19.08.2016 RELATING TO ASSESSMENT YEAR 2006-07 AGAINST PENALTY LEVIED UNDER SECTION 27 L(L)(B) OF THE INCOME-TAX ACT, 1961 (IN SHORT THE ACT). 2. THE ISSUE RAISED IN THE PRESENT APPEAL IS AGAINST THE LEVY OF PENALTY U/S 271(L)(B) OF THE ACT. ITA NO.5910/DEL/2016 ASSESSMENT YEAR 2006-07 3. THE LEARNED AR FOR THE ASSESSEE POINTED OUT THAT THE ISSUES RAISED IN THE PRESENT APPEAL STANDS SQUARELY COVERED BY DIFFERENT ORDERS OF THE TRIBUNAL IN ASSESSEES OWN CASE, 4. WE FIND THAT SIMILAR ISSUE OF LEVY OF PENALTY UNDER SECTION 271(L)(B) OF THE ACT AROSE BEFORE THE TRIBUNAL IN ITA NO. 5913/DEL/2016 RELATING TO ASSESSMENT YEAR 2009-10. THE TRIBUNAL VIDE ORDER DATED HELD AS UNDER;- WE FIND MERIT IN THE PLEA OF THE ASSESSEE IN THIS REGARD. ON THE PERUSAL OF THE TRIBUNALS ORDER IN ASSESSEES OWN CASE FOR ASSESSMENT YEARS 2005- 06, 2010-11 & 2012-13 VIDE ORDER DATED 07.01.2020, WE FIND THAT SIMILAR DEFAULT OF NON-APPEARANCE HAS BEEN NOTED, BY THE TRIBUNAL AND THE PENALTY LEVIED U/S 271(L)(B) OF THE ACT HAS BEEN CANCELLED IN THE RESPECTIVE YEARS. FOLLOWING THE SAME PARITY OF REASONING, WE DELETE THE PENALTY LEVIED U/S 271 (1 )(B) OF THE ACT. EARLIER ORDER OF THE TRIBUNAL AND FOLLOWING THE SAME PARITY OF REASONING, THE PENALTY LEVIED UNDER SECTION 271(L)(B) OF THE ACT IS DELETED. THE GROUNDS OF APPEAL RAISED BY THE ASSESSEE ARE ALLOWED. 6. IN .THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 16TH MARCH, 2020. 5. WE FIND THAT THE ISSUE RAISED IN THE PRESENT APPEAL IS SQUARELY COVERED BY SD/- (PRASHANT MAHARISHI) SD/- (SUSHMA CHOWLA) EFESTT ! ACCOUNTANT MEMBER WSTSF / VICE PRESIDENT SH 2 I ITA NO.5910/DEL/2016T ASSESSMENT YEAR 2006-07 , TN?T 3F)FSLD/C.ONV OF THE ORDER IS FORWARDED TO : 1. JIJLCILSLF / THE APPELLANT 2. Y RI|SJF / THE RESPONDENT 3. 3 T R R R ARRGIPOTJRA') / THE C IT ( AJ 4. EGT&IT IU'M'HL / THE PR. CII 5, FAM AFM A R T U I, / D R , H A T , DELHI 6. 3TLT TPLPT / GUARD FILE. 3FL$3IT5HR/ BY ORDER, TTCTTFERT TFFCT //TRUE COPY// YFRAST AIRRATR 3RIL*R 3IF?RARW .FESFL ASSISTANT REGISTRAR, IT AT, DELHI DRAFT DICTATED 16.03.2020 DRAFT PLACED BEFORE AUTHOR 16.03.2020 APPROVED DRAFT COMES TO THE SR.PS/PS ORDER SIGNED AND PRONOUNCED ON .03.2020 FILE SENT TO THE BENCH CLERK .03.2020 DATE ON WHICH FILE GOES TO THE AR DATE ON WHICH FILE GOES TO THE HEAD CLERK. DATE OF DISPATCH OF ORDER. DATE OF UPLOADING ON THE WEBSITE .03.2020 3