JCIT, Special Range- 1, New Delhi V. Airport Authority of India, New Delhi

ITA 6329/DEL/2017

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 4156 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 4 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-02-2020
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 12-10-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: MRS GEETA
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER & DR. B.R.R. KUMAR, ACCOUNTANT MEMBER ITA. NO.6329/DEL/2017 ASSESSMENT YEARS 2010-11 JCIT, SPECIAL RANGE-1, NEW DELHI. V. AIRPORT AUTHORITY OF INDIA, RAJIV GANDHI BHAWAN, SAFDARJUNG AIRPORT, NEW DELHI. TAN/PAN: AAACA6412D (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI RAJESH KUMAR, SR.D.R. RESPONDENT BY: MRS. GEETA PANDEY DATE OF HEARING: 20 02 2020 DATE OF PRONOUNCEMENT: 25 02 2020 O R D E R PER AMIT SHUKLA, J.M.: THE AFORESAID APPEAL HAS BEEN FILED BY THE REVENUE AGAINST THE IMPUGNED ORDER DATED 16.08.2017 PASSED BY LD. C IT(A), NEW DELHI IN RELATION TO PENALTY PROCEEDINGS U/S.271(1) (C) FOR THE ASSESSMENT YEAR 2010-11. IN THE GROUNDS OF APPEAL, THE REVENUE HAS CHALLENGED THE LEVY OF PENALTY OF RS.41 ,41,00,000/- U/S. 271(1)(C) ON ACCOUNT OF FOLLOWING DISALLOWANCE S:- (I) DISALLOWANCE U/S.14A RS.4,90,88,000/- (II) ADDITION ON ACCOUNT OF REVERSAL OF INTEREST ON LOAN PORTION RS.167,61,00,000/- (III) ADDITION ON ACCOUNT OF UNDISCLOSED INTEREST RECEIVED ON REFUND FROM THE INCOME TAX DEPARTMENT RS.15,64,06,238/-. ITA NO.6329/DEL/2017 2 2. LD. CIT(A) HAS DELETED THE PENALTY HOLDING THAT ASS ESSEE HAS MADE DISCLOSURES OF ALL RELATED FACTS OF THE INTEREST PROVISION MADE IN 1991 AND ALSO DISCLOSED ALL THE FACTS OF INTEREST RE CEIVED FROM INCOME TAX DEPARTMENT FOR ASSESSMENT YEAR 1997-98 TO 20 00-01 IN THE APPROPRIATION ACCOUNT PREPARED DURING THE YEAR , THEREFORE, PENALTY IS NOT SUSTAINABLE. 3. HOWEVER, LD. AUTHORIZED REPRESENTATIVE BEFORE US H AS STATED THAT IN THE QUANTUM PROCEEDINGS, THE DISALLOWANCES /ADD ITIONS MADE BY THE ASSESSING OFFICER STANDS DELETED FROM THE STAGE OF LD. CIT(A) AND ALSO FROM THE STAGE OF ITAT. THE COPY OF Q UANTUM ORDERS OF LD. CIT (A) AND TRIBUNAL HAVE BEEN FILED BEFORE US. 4. LD. DR ADMITTED THAT ALL THE ISSUES IN THE QUANTUM ST ANDS DELETED. 5. ON PERUSAL OF THE QUANTUM ORDER PASSED BY THE TRIB UNAL IN ITA NO.4281/DEL/2014, WE FIND THAT ALL THESE ADDITIONS/ DISALLOWANCES HAVE BEEN DELETED. WHEN ADDITION ITSEL F HAS BEEN DELETED, THEN NO PENALTY IS LEVIABLE ON SUCH ADDITIO N. ACCORDINGLY, THE PENALTY LEVIED BY THE ASSESSING OFFICER IS DELETE D. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED . ORDER PRONOUNCED IN THE OPEN COURT ON 25 TH FEBRUARY, 2020. SD/- SD/- [DR. B.R.R. KUMAR] [AMIT SHUKLA] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 25 TH FEBRUARY, 2020 PKK: