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

ITA 5913/DEL/2016

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 2844 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 3 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-03-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2009-2010
• Appeal Filed On: 18-11-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: H K CHOUDHARY CIT DR
• Section: 143(3); 274; 13; 153C

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH G, NEW DELHI , ! ' $%&'()*+,-+! BEFORE MS. SUSHMA CHOWLA, V.P & SHRI PRASHANT MAHAR ISHI, AM . / ITA NO.5913/DEL/2016 / ) ) / ASSESSMENT YEAR 2009-10 TIME BOUND CONTRACTS PVT.LTD., PARSVNATH METRO TOWER, NEAR SHAHDARA METRO STATION, NEW DELHI-110032. PAN-AACCT1772B .......... 01 /APPELLANT VS THE ITO, WARD-25(3), NEW DELHI. . $201 / RESPONDENT 0134+ / APPELLANT BY : SH. PARITOSH JAIN, ADV. $20134+ / RESPONDENT BY : SH. H.K.CHOUDHARY, CIT DR 3&, / DATE OF HEARING : 04.02.2020 56 3&, / DATE OF PRONOUNCEMENT: 13.03.2020 +% / ORDER PER SUSHMA CHOWLA,VP THE PRESENT APPEAL FILED BY ASSESSEE IS AGAINST OR DER OF CIT(A)-13, NEW DELHI DATED 19.08.2016 RELATING TO ASSESSMENT YEAR 2009-10 AGAINST PENALTY LEVIED UNDER SECTION 271(1)(B) OF THE INCOME-TAX A CT, 1961 (IN SHORT THE ACT). 2. THE ISSUE RAISED IN THE PRESENT APPEAL IS AGAINS T THE LEVY OF PENALTY U/S 271(1)(B) OF THE ACT. 3. BRIEFLY IN THE FACTS OF THE CASE THE ASSESSMENT WAS COMPLETED IN THE CASE OF THE ASSESSEE U/S 153C/143(3) OF THE ACT. THEREA FTER, PENALTY PROCEEDINGS U/S 271(1)(B) R.W.S 274 OF THE ACT WERE INITIATED F OR NON-APPEARANCE ON THREE ITA NO.5913/DEL/2016 ASSESSMENT YEAR 2009-10 2 DATES OF HEARING. THE ASSESSEE FAILED TO FURNISH A NY INFORMATION FOR NON- COMPLIANCE OF NOTICE AND HENCE, PENALTY OF RS.10,00 0/- WAS IMPOSED TO THE ASSESSEE. THE CIT(A) UPHELD THE LEVY OF PENALTY U /S 271(1)(B) OF THE ACT REJECTING THE PLEA OF THE ASSESSEE. THE ASSESSEE I S IN APPEAL BEFORE US WITH REGARD TO LEVY OF PENALTY U/S 271(1)(B) OF THE ACT. 4. THE LD.AR FOR THE ASSESSEE POINTED OUT THAT SIMI LAR PENALTY WAS LEVIED FOR ASSESSMENT YEARS 2005-06, 2010-11 & 2012-13 IN ASSE SSEES OWN CASE WHICH HAS BEEN DELETED BY THE TRIBUNAL VIDE ITS ORDER DAT ED 07.01.2020. THE ASSESSMENT WAS COMPLETED U/S 143(3) & 153C OF THE A CT ON SIMILAR DATES AND PENALTY CAN BE CANCELLED ON APPEAL ALSO. 5. WE FIND MERIT IN THE PLEA OF THE ASSESSEE IN THI S 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 F IND THAT SIMILAR DEFAULT OF NON-APPEARANCE HAS BEEN NOTED BY THE TRIBUNAL AND T HE PENALTY LEVIED U/S 271(1)(B) OF THE ACT HAS BEEN CANCELLED IN THE RESP ECTIVE YEARS. FOLLOWING THE SAME PARITY OF REASONING, WE DELETE THE PENALTY LEV IED U/S 271(1)(B) OF THE ACT. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS A LLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 13 TH MARCH, 2020. SD/- SD/- (PRASHANT MAHARISHI) (SUSHMA CHOWLA) +, - / ACCOUNTANT MEMBER ! / VICE PRESIDENT / DATED : 13 TH MARCH, 2020 * AMIT KUMAR * ITA NO.5913/DEL/2016 ASSESSMENT YEAR 2009-10 3 +%3$/&7(8+(&9 COPY OF THE ORDER IS FORWARDED TO : 1. 01 / THE APPELLANT 2. $201 / THE RESPONDENT 3. :& ; < / THE CIT(A) 4. = :& / THE PR. CIT 5. 6. / DR, ITAT, DELHI >?)@9 GUARD FILE. +% / BY ORDER , 2(&$/& // TRUE COPY // ' A-B , * ASSISTANT REGISTRAR, ITAT, DELHI