Shri Niraj Kumar Tiwari, New Delhi V. ITO, New Delhi

ITA 6215/DEL/2016

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 6696 (ITAT-DELHI)
• Duration Of Justice: 2 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-02-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 21-02-2017
• Assessment Year: 2011-2012
• Appeal Filed On: 05-12-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: F R MEENA
• Assessee Lawyers: VK SABHARWAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : SMC-I : NEW DELHI BEFORE SHRI R.S. SYAL, ACCOUNTANT MEMBER ITA NO.6215/DEL/2016 ASSESSMENT YEAR : 2011-12 NIRAJ KUMAR TIWARI, FLAT NO.843, SKYLARK SOCIETY, SECTOR-6, DWARKA, NEW DELHI. PAN: ACDPI5923A VS. ITO, WARD-71(2), NEW DELHI. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI V.K. SABHARWAL, ADVOCATE DEPARTMENT BY : SHRI F.R. MEENA, SR. DR DATE OF HEARING : 23.02.2017 DATE OF PRONOUNCEMENT : 23.02.2017 ORDER THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A) ON 20.07.2016 IN RELATION TO T HE ASSESSMENT YEAR 2011-12 UPHOLDING THE PENALTY OF RS.2,77,984/- IMPOSED BY THE AO U/S 271(1)(C) OF TH E ACT. ITA NO.6215/DEL/2016 2 2. SHORN OF UNNECESSARY DETAILS, IT IS SEEN THAT TH E AO IMPOSED PENALTY WITH REFERENCE TO CERTAIN ADDITIONS . SUCH PENALTY CAME TO BE CONFIRMED IN THE FIRST APPEAL. THE LD. AR CONTENDED THAT THE PENALTY IS NOT SUSTAINABLE BECAU SE OF DIRECT TAX DISPUTE RESOLUTION SCHEME, 2016 WHICH PROVIDES THAT IF TAX AND INTEREST IS PAID AND THE AMOUNT OF PENALTY IS LESS THAN RS.10 LAC, THEN, NO PENALTY COULD BE IMPOSED. IT W AS CLAIMED THAT THE AMOUNT OF TAX AND INTEREST IN THIS CASE, B EING LESS THAN THE CEILING AND THE SAME HAVING BEEN PAID, NO PENAL TY IS EXIGIBLE. ON A SPECIFIC QUERY FOR GOING THROUGH THE SAME, THE LD. AR EXPRESSED HIS INABILITY AS HE DID NOT HAVE T HE TEXT OF THE SCHEME. THE LD. DR ALSO COULD NOT PRODUCE SUCH A SC HEME. UNDER THESE CIRCUMSTANCES, I SET ASIDE THE IMPUGNED ORDER AND REMIT THE MATTER TO THE FILE OF THE AO FOR EXAMININ G IF SUCH A SCHEME IS APPLICABLE TO THE FACTS AND CIRCUMSTANCES OF THE INSTANT CASE. IN ADDITION, THE AO IS ALSO DIRECTED TO VERIFY THE ASSESSEES CONTENTION ABOUT NON-IMPOSITION OF PENAL TY WHERE ITA NO.6215/DEL/2016 3 NOTICE U/S 271(1)(C) IS ISSUED BOTH FOR CONCEALMENT AS WELL AS INACCURATE PARTICULARS OF INCOME. 3. IN THE RESULT, THE APPEAL IS ALLOWED FOR STAT ISTICAL PURPOSES. THE ORDER PRONOUNCED IN THE OPEN COURT ON 23.02.201 7. SD/- [R.S. SYAL] ACCOUNTANT MEMBER DATED, 23 RD FEBRUARY, 2017. DK COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT AR, ITAT, NEW DELHI.