OVERTECH ENGINEERS & FABRICATORS PVT. LTD., NEW DELHI V. DCIT, CIRCLE- 19(1), NEW DELHI

ITA 5947/DEL/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0170 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 5 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2013-2014
• Appeal Filed On: 19-09-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 271(1)(c)

Judgement Text

ITA NO.-5947/DEL/2017. OVERTECH ENGINEERS & FABRICATORS PVT. LTD. PAGE 1 OF 4 IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: E: NEW DELHI) (THROUGH VIDEO CONFERENCING) BEFORE SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER AND SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER ITA NO:- 5947/DEL/2017 ( ASSESSMENT YEAR: 2013-14) OVERTECH ENGINEERS & FABRICATORS PVT. LTD., NEW DELHI. VS. DCIT, CIRCLE-19(1), NEW DELHI. APPELLANT RESPONDENT PAN NO: AAACO1453E ASSESSEE BY : NONE REVENUE BY : MS. RAKHI VIMAL, SR. DR PER ANADEE NATH MISSHRA, AM (A) THIS APPEAL BY ASSESSEE IS FILED AGAINST THE ORDER OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-7, NEW DELHI, [LD. CIT(A), F OR SHORT], DATED 27.07.2017 FOR ASSESSMENT YEAR 2013-14. GROUNDS TAKEN IN THIS APP EAL OF ASSESSEE ARE AS UNDER: 1. THAT ON THE FACTS OF THE CASE AND IN LAW, THE C OMMISSIONER OF INCOME TAX (APPEAL)-7, DELHI ERRED IN CONFIRMING THE ORDER OF THE ASSESSING OFFICER LEVYING PENALTY OF RS. 8,64,500/- UNDER THE PROVISI ON OF SECTION 271(1)(C) OF THE ACT. THE BASIS ADOPTED AND THE FINDING RECORDE D IS SIMPLY BASED ON SURMISES AND CONJECTURES AND ON HYPOTHETICAL CALCUL ATIONS THEREBY HOLDING THE APPELLANT IN DEFAULT. THE PENALTY ORDER CONFIR MED IS THUS, ILLEGAL, UNJUSTIFIED AND BAD IN LAW. ITA NO.-5947/DEL/2017. OVERTECH ENGINEERS & FABRICATORS PVT. LTD. PAGE 2 OF 4 (B) AT THE TIME OF HEARING, WE TOOK NOTICE OF LETTER D ATED 12.03.2021 FILED BY SRI ASHOK GANDHI, ADVOCATE. IN THIS LETTER IT HAS BEEN INTIMA TED FROM THE ASSESSEES SIDE THAT THE APPELLANT HAD ALREADY OPTED FOR VIVAD SE VISHWAS SC HEME, 2020 (VSVS, FOR SHORT) AND AS SUCH THE APPEAL FILED IS WITHDRAWN. IN VIEW OF THIS, THE LEARNED SENIOR DEPARTMENTAL REPRESENTATIVE (LD. SR. DR, FOR SHORT) SUBMITTED BEFORE US THAT THIS APPEAL MAY BE TREATED AS WITHDRAWN AND MAY BE DISMISSED ON ACCOUN T OF THE AFORESAID VSVS. AFTER DUE CONSIDERATION, IN VIEW OF THE FOREGOING; WE TREAT T HIS APPEAL AS WITHDRAWN ON ACCOUNT OF THE AFORESAID VSVS. ACCORDINGLY, THIS APPEAL IS DIS MISSED. (B.1) BEFORE WE PART, WE HEREBY CLARIFY, BY WAY O F ABUNDANT CAUTION, THAT IF FOR SOME REASON THE DISPUTES UNDER THIS APPEAL BEFORE U S ARE NOT SETTLED UNDER THE AFORESAID VSVS, THEN THE ASSESSEE WILL BE AT LIBERTY TO APPRO ACH ITAT FOR RESTORATION OF THIS APPEAL, IN ACCORDANCE WITH LAW. (C) IN THE RESULT, THIS APPEAL IS DISMISSED. THIS ORDER WAS ALREADY PRONOUNCED ON 16 TH MARCH, 2021 IN OPEN COURT, IN THE ABSENCE OF ANY REPRESENTATIVE FROM ASSESSEES SIDE, BUT IN THE PRESENCE OF LD. SR. DR; AFTER CONCLUSION OF THE HEARING. SD/- SD/- (SUDHANSHU SRIVASTAVA) (ANADEE NA TH MISSHRA) JUDICIAL MEMBER ACCOUNTANT MEMBE R DATED: 16/03/2021 (POOJA) ITA NO.-5947/DEL/2017. OVERTECH ENGINEERS & FABRICATORS PVT. LTD. PAGE 3 OF 4 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI ITA NO.-5947/DEL/2017. OVERTECH ENGINEERS & FABRICATORS PVT. LTD. PAGE 4 OF 4 DATE OF DICTATION DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. PS/PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER