Institute of Management Education, Ghaziabad V. DCIT, Exemption, Ghaziabad

ITA 640/DEL/2018

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 5915 (ITAT-DELHI)
• Duration Of Justice: 4 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-06-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 29-01-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B R MISHRA
• Assessee Lawyers: ARUN AGARWAL S

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES: SMC : NEW DELHI BEFORE SHRI R.S. SYAL, VICE PRESIDENT ITA NO . 640 /DEL/ 20 1 8 ASSESSMENT YEAR: 20 10 - 1 1 M/S INSTITUTE OF MANAGEMENT EDUCATION, 178, GT ROAD, SAHIBABAD, GHAZIABAD PAN: AAATI1437R VS. DCIT - EXEMPTION, GHAZIABAD ( APPELLANT ) ( RESPONDENT ) ASSESSEE BY : SH. AKHILESH KUMAR & SH. ARUN AGARWAL, ADVOCATES DEPARTMENT BY : SH. B.R. MISHRA, SR. DR DATE OF HEARING : 20 .0 6 . 201 8 DATE OF PRONOUNCEMENT : 21 . 0 6 . 201 8 ORDER PER R.S. SYAL, VP: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY THE LEARNED CIT( A) , GHAZIABAD ON 4.10.2017 IN RELATION TO ASSESSMENT YEAR 2010 - 11 CONFIRMING PENALTY OF RS. 1 2 , 14 , 880/ - IMPOSED BY ASSESSIN G OFFICER UNDER SECTION 271(1)(C ) OF THE ACT. ITA NO. 640 /DEL/201 8 2 2. I HAVE HEARD BOTH THE SIDES AND GONE THROUGH THE RELEVANT MATERIAL ON RECORD. IT IS OBSERVED THAT THE ONLY BASIS FOR IMPOSITION OF PENALTY IS AN ADDITION OF RS. 39,31,650 / - M ADE BY THE ASSESSING OFFICER IN THE ASSESSMENT ORDER . THE LEARNED AR HAS PLACED ON RECORD A COPY OF THE TRIBUNAL ORDER DATED 10.2.2017 IN ITA NO. 3422/DEL/2015 IN WHICH SUCH ADDITION HAS BEEN DELETED. NO MATERIAL HAS BEEN PLACED ON RECORD TO DEMONSTRATE THAT SUCH AN ORDER HAS BEEN REVERSED OR MODIFIED BY THE HON BLE HIGH COURT. IN VIEW OF THE FACT THAT THE VERY FOUNDATION OF THE PENALTY , BEING , THE AMOUNT OF ADDITION MADE IN THE ASSESSMENT ORDER CEASES TO EXIST , THERE CAN BE NO QUESTION OF IMPOSING OR CONFIRMING ANY PENALTY THEREON. I, THEREFORE, DIRECT TO DE LETE THE PENALTY. 3. IN THE RESULT, THE APPEAL IS ALLOWED. THE ORDER PRONOUNCED IN THE OPEN COURT ON 21 ST JUNE , 2018. S D/ - [ R.S. SYAL ] VICE PRESIDENT DATED, 21 ST JUNE , 201 8 . SH ITA NO. 640 /DEL/201 8 3 COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT (A) 5 . DR, ITAT AR, ITAT, NEW DELHI. DATE INITIAL 1. DATE OF DICTATION 20.6.2018 PS 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 20.6.2018 PS 3. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER JM/AM 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P.S. / P.S. JM/AM 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT PS/PS 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. P.S. / P.S. PS 7. DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT PS 8. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 9. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 10. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER 11. DATE OF DISPATCH OF THE ORDER *