Chander Yadav, Noida V. ITO ward-2(1), Noida

ITA 6433/DEL/2019

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 8262 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 3 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-11-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC 1
• Assessment Year: 2011-2012
• Appeal Filed On: 30-07-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SAKSHI RAJPUT
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH, ‘SMC-1’: NEW DELHI (Through Video Conferencing) BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER ITA No.6433/DEL/2019 [Assessment Year: 2011-12] Shri Chander Yadav, 12, Vill-Sarafabad, Near Peer Baba, Sector-73, Noida, UP-201301 Income Tax Officer, Ward-1(2), Noida-201301 PAN-ABMPY5452F Assessee Revenue Assessee by Ms. Sakshi Rajput, CA Ms. Soumya Arora, CA Revenue by Sh. Om Prakash, Sr. DR Date of Hearing 17.11.2021 Date of Pronouncement 17.11.2021 ORDER This appeal filed by the assessee is directed against the order dated 31.12.2018 of the learned CIT(A)-I, Noida, relating to Assessment Year 2011-12. 2. Levy of penalty of Rs.4,97,500/- by the Assessing Officer u/s 271(1)(c) of the Income Tax Act, 1961 (hereinafter ‘the Act’) and upheld by the Ld. CIT(A) is the only issue raised by the assessee in the grounds of appeal. 2 ITA No.6433/Del/2019 3. The Ld. Counsel for the assessee, at the time of hearing, filed a copy of the order of the Tribunal vide ITA No.1250/Del/2019, order dated 31.07.2019 for AY 2-11-12 and submitted that the quantum appal filed by the assessee has been restored to the file of the Assessing Officer for fresh adjudication. Therefore, the penalty does not survive and accordingly the same should be deleted. 4. The Ld. DR, on the other hand, fairly conceded that the Tribunal has set-aside the issue to the file of the Assessing Officer in the quantum appeal. 5. I have considered the rival arguments made by both the sides. Since, the quantum appeal has already been set-aside by the Tribunal to the file of the Assessing Officer for fresh adjudication, therefore, the present penalty does not survive and accordingly the same is directed to be deleted. However, the Assessing Officer is at liberty to initiate fresh penalty proceedings after completion of the assessment in the set-aside proceedings as per law. I hold and direct accordingly. The ground raised by the assessee is accordingly allowed. 3 ITA No.6433/Del/2019 6. In the result, the appeal filed by the assessee is allowed. The Order was pronounced in the open court at the time of hearing itself i.e. on 17.11.2021. Sd/- Sd/- [KUL BHARAT] [R.K.PANDA] JUDICIAL MEMBER ACCOUNTANT MEMBER Delhi; Dated: 17 th November, 2021 f{x~{tÜ? f{x~{tÜ?f{x~{tÜ? f{x~{tÜ? fÜA fÜA fÜA fÜA P.S P.SP.S P.S Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi