OCL India Ltd., New Delhi V. DCIT, New Delhi

ITA 6541/DEL/2016

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 8812 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 8 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-09-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Assessment Year: 2008-2009
• Appeal Filed On: 22-12-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: R M MEHTA
• Keywords: Question of law
• Section: 271(1)(c); 274

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH E , NEW DELHI BEFORE : SHRI BHAVNESH SAINI , JUDICIAL MEMBER AND SHRI DR. B.R.R. KUMAR , ACCOUNTANT MEMBER ITA NO. 6541/DEL/2016 ASSESSMENT YEAR: 2008 - 09 OCL INDIA LTD., 17 TH FLOOR, NARAIN MANZIL, 26, BARAKHAMBA ROAD, NEW DELHI. PAN - AAACO1354J (APPELLANT) VS. DCIT, CIRCLE 19(1), NEW DELHI. (RESPONDENT) APPELLANT BY SH. R.M. MEHTA, ADVOCATE RESPONDENT BY MS. RINKU SINGH, SR. DR ORDER PER DR. B.R.R. KUMAR, ACCOUNTANT MEMBER : THE PRESENT APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. CIT(A) - 36 , NEW DELHI DATED 24.10.2016 . 2. BEFORE US, THE ASSESSEE SOUGHT TO RAISE AND HAS FILED PETITION FOR ADMISSION OF ADDITIONAL GROUNDS OF APPEAL WHICH ARE AS UNDER: THE A.O. HAVING ISSUED THE NOTICE U/S. 274 READ WITH SECTION 271(1)(C) OF THE INCOME TAX ACT 1961, IN A MECHANICAL MANNER, WITHOUT APPLICATION OF MIND, THE P ENALTY ORDER PASSED CONSEQUENT THERETO IS NOT SUSTAINABLE IN THE EYES OF LAW AND HENCE LIABLE TO BE QUASHED. DATE OF HEARING 14.08.2019 DATE OF PRONOUNCEMENT 16 .09.2019 6541/DEL/2016 2 3 . BY THE POWER VESTED TO THIS TRIBUNAL AS HELD BY THE HON BLE SUPREME COURT IN THE CASE NTPC VS CIT 229 ITR 383 REGARDING THE JURISDICTION TO E XAMINE A QUESTION OF LAW WHICH ARISES FROM THE FACTS AS FOUND BY THE AUTHORITIES BELOW AND HAVING A BEARING ON THE TAX LIABILITY OF THE ASSESSEE, THE ADDITIONAL GROUND IS HEREBY ALLOWED. 4 . FROM THE RECORD, WE FIND THAT THE ASSESSING OFFICER HAS SATISFIE D THAT THE ASSESSEE HAS FURNISH ED INACCURATE PARTICULARS OF HIS INCOME AND INITIATED PENALTY PROCEEDINGS U/S 271(1)(C) OF THE ACT. FURTHER, IN THE PENALTY ORDER, THE ASSESSING OFFICER HAS MENTIONED THAT THE ASSESSEE HAS FURNISHED INACCURATE PARTICULARS OF HIS INCOME WHICH IS LEVYING TO TAX. 5 . SINCE, THE GROUNDS HAVE BEEN RAISED BY THE ASSESSEE FOR THE FIRST TIME BEFORE THE TRIBUNAL, THE REVENUE HASN T GOT THE OPPORTUNITY TO ADJUDICATE ON THIS ISSUE. HENCE, THE FITNESS OF THINGS, WE DEEM IT PROPER TO REMAND THE MATTER BACK TO THE FILE OF THE LD. CIT (A) WITH DIRECTIONS TO EXAMINE THE ISSUE ON OBTAINING THE PENALTY NOTICE IN ORIGINAL, KEEPING IN VIEW, THE JUDGMENTS OF HON BLE HIGH COURT OF KARNATAKA IN THE CASE OF MANJUNATHA COTTON & GINNING FACTORY, SA HARA INDIA COMMERCIAL CORPORATION LTD. IN WTA NO. 12/DEL/2011 DATED 16.11.2017 AND SUNDRAM FINANCE LTD. 403 ITR 407 AND CIT VS SMT. KAUSHALYA 216 ITR 660 AND ADJUDICATE THE MATTER AS DEEMED FIT AS PER THE PROVISIONS OF THE INCOME TAX ACT. 6541/DEL/2016 3 6 . IN THE RES ULT, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE. (ORDER PRONOUNCED IN THE OPEN COURT ON 16/09/2019). SD/ - SD/ - ( BHAVNESH SAINI ) ( DR. B.R.R. KUMAR ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: *AKS* COPY OF ORDER FORWARDED TO: (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES, NEW DELHI