M/s. Chopra Marketing Pvt. Ltd., New Delhi V. DCIT, New Delhi

ITA 6186/DEL/2015

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 3329 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 11 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-11-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Assessment Year: 2006-2007
• Appeal Filed On: 23-11-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Reassessment proceedings
• Section: 143(3); 147; 148

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : F : NEW DELHI BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SMT BEENA PILLAI, JUDICIAL MEMBER ITA NO.6186/DEL/2015 ASSESSMENT YEAR: 2006-07 CHOPRA MARKETING PVT. LTD., B-3/157, PASCHIM VIHAR, NEW DELHI. PAN: AABCC6342H VS. DCIT, CIRCLE-3(1), NEW DELHI. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI CHANDRA SHEKHAR, CA DEPARTMENT BY : SHRI ATIQ AHMAD, SR. DR DATE OF HEARING : 20.11.2017 DATE OF PRONOUNCEMENT : 21.11.2017 ORDER PER R.S. SYAL, VP: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST TH E ORDER PASSED BY THE CIT(A) ON 31.08.2015 UPHOLDING THE PENALTY OF R S.42,07,500/- ITA NO.6186/DEL/2015 2 IMPOSED BY THE ASSESSING OFFICER U/S 271(1)(C) OF T HE INCOME-TAX ACT, 1961 (HEREINAFTER ALSO CALLED THE ACT). 2. WE HAVE HEARD BOTH THE SIDES AND PERUSED THE REL EVANT MATERIAL ON RECORD. THE PENALTY PROCEEDINGS AROSE OUT OF ASSES SMENT ORDER PASSED BY THE ASSESSING OFFICER PURSUANT TO NOTICE U/S 148 . SUCH ASSESSMENT ORDER WAS CHALLENGED IN APPEAL. THE TRIBUNAL, VIDE ITS ORDER DATED 28.12.2016, HAS HELD THE INITIATION OF REASSESSMENT PROCEEDINGS AS INVALID. A COPY OF SUCH ORDER IN ITA NO.10/DEL/201 2 FOR ASSESSMENT YEAR 2006-07 HAS BEEN PLACED ON RECORD. NOTHING HA S BEEN BROUGHT ON RECORD TO DEMONSTRATE THAT SUCH ORDER PASSED BY THE TRIBUNAL HAS BEEN SET ASIDE OR MODIFIED IN ANY MANNER BY THE HON'BLE HIGH COURT. SINCE THE VERY FOUNDATION OF THE PENALTY PROCEEDINGS, BEI NG THE ASSESSMENT ORDER PASSED U/S 143(3) READ WITH SECTION 147 CEASE S TO EXIST, THERE CAN BE NO QUESTION OF ANY PENALTY FLOWING THEREFROM. W E, THEREFORE, SET ASIDE THE IMPUGNED ORDER AND ORDER FOR THE DELETION OF THE PENALTY. ITA NO.6186/DEL/2015 3 3. IN THE RESULT, THE APPEAL FILED BY THE ASS ESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 21 ST NOVEMBER, 2017. SD/- SD/- [BEENA PILLAI] [R.S. SYAL] JUDICIAL MEMBER VICE PRESIDENT DATED, 21 ST NOVEMBER, 2017. DK COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT AR, ITAT, NEW DELHI.