M/s. P.D. Polychem (P) Ltd., New Delhi V. ACIT, New Delhi

ITA 6108/DEL/2013

• Counselvise Citation: [2015] 121 COUNSELVISE.COM (IT) 0201 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 6 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-06-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Next Hearing Date: 08-05-2015
• Assessment Year: 2003-2004
• Appeal Filed On: 12-11-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIKRAM SAHAY
• Section: 143(3); 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH F , NEW DELHI BEFORE SHRI J.SUDHAKAR REDDY, ACCOUNTANT MEMBER AND SHRI AT VARKEY, JUDICIAL MEMBER I.T.A.NO. 6108 /DEL/2013 (A.Y. 200 3 - 04 ) P.D.PLYCHEM P LTD. 936, TILAK BAZAR NEW DELHI 110 006 PAN: AACCP 1099 B VS. A CIT, CIRCLE 14(1) NEW DELHI (APPELLANT) (RESPONDENT) ASSESSEE BY : SH. R.S.SINGHVI, C.A. DEPARTMENT BY : SH. VIKRAM SAHAY, SR. DR ORDER PER J. SUDHAKAR REDDY, ACCOUNTANT MEMBER THIS IS AN APPEAL FILED BY THE ASSESSEE DIRECTED AGAINST THE ORDER OF THE LD.CIT(A) - XVII, NEW DELHI DATED 30.8.2013 PERTAINING TO THE ASSESSMENT YEAR (AY) 200 3 - 04 , ON THE FOLLOWING GROUNDS. 1. THAT ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE CIT(A) WAS NOT JUSTIFIED IN CONFIRMING PENALTY U/S 271(1)(C ) AMOUNTING TO RS.1,83,750/ - . 2.(I) THAT THERE IS NO CASE OF ANY CONCEALMENT OR FURNISHING OF INCORRECT PARTICULARS OF INCOME AND RETURN HAS BEEN FILED ON THE BASIS OF AUDITED BOOKS OF ACCOUNTS. (II) THAT FURTHER MERELY ON ACCOUNT OF ADDITION MADE BY THE AO, THERE CANNOT BE ANY CASE OF PENALTY U/S 271(1)(C ) OF THE ACT. 3. THAT THE ORDERS OF LOWER AUTHORITIES ARE NOT JUST IFIED ON FACTS AND SAME IS BAD IN LAW. ITA NO.6108/DEL/2013 AY: 2003 - 04 PD POLYCHEM P LTD., N.DEL 2 2. WE HAVE HEARD SHRI K.SAMPATH, LD.COUNSEL FOR THE ASSESSEE AND SHRI VIKRAM SAHAY, LD.SR.D.R. ON BEHALF OF THE REVENUE. 3. ADMITTEDLY LD.CIT(A) HAS NOT DISPOSED OF THE APPEAL FILED BY THE ASSESSEE AGAINST THE ASSESSMENT ORDER PASSED BY THE A.O. U/S 147 R.W.S. 143(3) OF THE ACT ON 30.12.2010 BUT HAD PROCEEDED TO DISPOSE OF THE APPEAL AGAINST THE PENALTY ORDER. IT WAS SUBMITTED BEFORE US THAT THE APPEAL AGAINST THE QUANTUM PROCEEDINGS IS PENDING BEFORE THE FIRST APPELLATE AUTHORITY. UNDER THESE CIRCUMSTANCES WE SET ASIDE THIS APPEAL TO THE FILE OF THE LD.CIT(A) WITH A DIRECTION THAT, THE SAME BE CLUBBED WITH THE QUANTUM APPEAL PENDING BEFORE HIM AND TO DISPOSE OF THE SAME SUBSEQUENT TO THE DISPOSAL OF THE QUANT UM PROCEEDINGS. 4. IN THE RESULT ASSESSEE S APPEAL IS TREATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 11 TH JUNE, 2015. SD/ - S D/ - [ A.T. VARKEY ] [J. SUDHAKAR REDDY] JUDICIAL MEMBER ACCOUNTANT M EMBER DT. THE 11 TH JUNE, 2015 MANGA ITA NO.6108/DEL/2013 AY: 2003 - 04 PD POLYCHEM P LTD., N.DEL 3 COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT TRUE COPY BY ORDER, ASSISTANT REGISTRAR, ITAT, DELHI BENCHES