ACIT, New Delhi V. Sh. Rajesh Kalra, New Delhi

ITA 6523/DEL/2014

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 3150 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 2 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-02-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2011-2012
• Appeal Filed On: 02-12-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: APOORVA BHARADWAJ
• Section: 143(3)

Judgement Text

ITA 6523/DEL/2014 A.Y.2011 - 12 ACIT VS. SH.RAJESH KALRA 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES: F , NEW DELHI BEFORE SHRI R .K.PANDA , ACCOUNTANT MEMBER AND SMT. BEENA A PILLAI, JUDICIAL MEMBER ITA NO. 6523 /DEL/201 4 A.Y. 20 11 - 12 ACIT CENTRAL CIRCLE 07 NEW DELHI VS . SH. RAJESH KALRA PROP. M/S RAYANA GRAPHIC MACHINERY 89, DSIDC SHEDS OKHLA INDUSTRIAL AREA, PHASE I NEW DELHI 110 020 PAN: AAJPK 8606 M (APPELLANT) (RESPONDENT) APPELLANT BY SH. ATI Q AHMAD, SR.D.R RESPONDENT BY SH. PC YADAV, ADV. & MS.APOORVA BHARADWAJ, CA DATE OF HEARING 12.02.2018 DATE OF PRONOUNCEMENT ............ ORDER PER BEENA PILLAI, JUDICIAL MEMBER T HE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE AGAINST ORDER DATED 01/09/14 PASSED BY LD. CIT (A) 31 FOR ASSESSMENT YEAR 2011 - 12 ON THE FOLLOWING GROUNDS OF APPEAL: ITA 6523/DEL/2014 A.Y.2011 - 12 ACIT VS. SH.RAJESH KALRA 2 1. THE ORDER OF LD.CIT(A) IS NOT CORRECT IN LAW AND FACTS. 2. ON THE FACTS AND CIRCUMSTANCES OF THE CASE, LD.CIT(A) HAS ERRED IN LAW IN DELETING PENALTY OF RS.83,82,596/ - IMPOSED U/S 271AAA BY THE AO. 3. THAT THE APPELLANT CRAVES LEAVE TO ADD, AMEND OR ALTER ANY OF THE GROUNDS OF APPEAL BEFORE OR DURING THE COURSE OF HEARING OF APPEA L . 2. BRIEF FACTS OF THE CASE ARE AS UNDER: A SSESSEE HAD FILED HIS RETURN OF INCOME ON 30/08/12. PURSUANT TO SEARCH, ASSESSMENT WAS COMPLETED ON 22/03/13 BY MAKING AN ADDITION OF RS.8,38,25,960/ - AS UNDISCLOSED INVESTMENTS. LD. AO THEREAFTER LEVIED PENAL TY OF RS 83,82,596/ - UNDER SECTION 271AAA OF THE ACT WIDE ORDER DATED 27/09/2017. AGGRIEVED BY THE PENALTY ORDER OF LD. AO, ASSESSEE PREFERRED APPEAL BEFORE LD. CIT (A). LD. CIT (A) DELETED THE PENALTY BY OBSERVING AS UNDER: 4.1. I HAVE CONSIDERED THE SUBMISSIONS OF THE AR AND THE PENALTY ORDER. THE AO HAS LEVIED PENALTY DURING PENDENCY OF FIRST APPEAL ON THE QUANTUM ORDER. THE ADDITION ON THE BASIS OF WHICH PENALTY HAS BEEN LEVIED NO MORE SURVIVES AS THE ENTIRE ADDITION MADE IN THE ASSESSMENT ORDER U /S 143(3) DT. 22.3.2013 HAS BEEN DELETED VIDE APPEAL ORDER DT. 14.10.2013. THEREFORE THERE IS NO MERIT IN CONTINUING THE PRESENT PENALTY. THE PENALTY OF RS.83,82,596/ - LEVIED U./S 271AAA IS HEREBY DELETED. ITA 6523/DEL/2014 A.Y.2011 - 12 ACIT VS. SH.RAJESH KALRA 3 3. LD. C OUNSEL SUBMITTED THAT THE ADDITION HAS BEEN DELETED BY AN ORDER OF THIS T RIBUNAL IN ITA NO. 6675/DEL/2013 V IDE ORDER DATED 25/10/17, A COPY OF WHICH HAS BEEN PLACED ON RECORD BEFORE US. 4. WE HAVE PERUSED THE SUBMISSIONS ADVANCED BY LD. C OUNSEL IN THE LIGHT OF THE RECORDS PLACED BEFORE US AS WE LL AS THE ORDER PASSED BY THIS T RIBUNAL AGAINST THE QUANTUM ADDITION IN ASSESSEE S OWN CASE FOR THE ASSESSMENT YEAR UNDER CONSIDERATION. ON PERUSAL OF THE ORDER OF THIS T RIBUNAL IT IS OBSERVED THAT THE ADDITION HAS BEEN DELETED BY THIS T RIBUNAL . A CCORDIN GLY IN OUR CONSIDERED OPINION THE PENALTY DOES NOT SURVIVE. 4.1. ACCORDINGLY GROUND RAISED BY THE REVENUE STANDS DISMISSED. 5. IN THE RESULT APPEAL FILED BY THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 2 8 . 0 2 . 2 0 1 8 . S D / - S D / - (R. K.PANDA ) (BEENA PILLAI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 2 8 T H FEB., 201 8 . MV ITA 6523/DEL/2014 A.Y.2011 - 12 ACIT VS. SH.RAJESH KALRA 4 COPY OF THE ORDER FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR 6. GUARD FILE BY ORDER ASST. REGISTRAR ITAT, DELHI BENCHES, NEW DELHI