Narendra Singh, Delhi V. ITO, Ward- 60(5), New Delhi

ITA 6671/DEL/2017

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 3300 (ITAT-DELHI)
• Duration Of Justice: 4 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-03-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2006-2007
• Appeal Filed On: 03-11-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V K JIWANI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES SMC : DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER ITA.NO.6671/DEL./2017 ASSESSMENT YEAR 2006-2007 SHRI NARENDRA SINGH D-65/66, GANESH NAGAR, PANDAY NAGAR, DELHI. PAN BRFPS1442D VS. THE I.T.O, WARD-60(5), ROOM NO.307-F, VIKAS BHAWAN, NEW DELHI. (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI NARENDRA SINGH (APPEARED PARTY-IN-PERSON) FOR REVENUE: SHRI V.K. JIWANI, SR.D.R. DATE OF HEARING : 05.03.2018 DATE OF PRONOUNCEMENT : 08.03.2018 ORDER THIS APPEAL BY ASSESSEE HAS BEEN DIRECTED AGAINST THE ORDER OF THE LD. CIT(A)-19, NEW DELHI, DATED 04 TH OCTOBER, 2016, FOR THE A.Y. 2006-2007, CHALLENGING THE LEVY OF PENALTY UNDER SECTION 271(1)(C) OF THE I.T. ACT, 1961. 2. BRIEFLY, THE FACTS OF THE CASE ARE THAT THE A.O . PASSED THE ASSESSMENT ORDER DATED 25 TH MARCH, 2014 UNDER SECTION 144/147 OF THE I.T. ACT, 1961 AND MADE THE ADDITION OF 2 ITA.NO.6671/DEL./2017 SHRI NARENDRA SINGH DELHI. RS.8,08,400/-. THE A.O. LEVIED THE PENALTY UNDER SE CTION 271(1)(C) OF THE I.T. ACT, WHICH IS CONFIRMED BY TH E LD. CIT(A). 3. AFTER HEARING THE RIVAL SUBMISSIONS, I AM OF TH E VIEW THAT THE PENALTY IS NOT LEVIABLE. THE ASSESSEE FILE D THE APPEAL AGAINST THE QUANTUM BEFORE ITAT, SMC BENCH IN ITA.NO.5422/DEL./2016 WHEREBY THE PROCEEDING UNDER SECTION 147/148 HAVE BEEN SET ASIDE AND QUASHED VIDE ORDER DATED 06 TH SEPTEMBER, 2017. COPY OF THE ORDER OF THE TRIBUNAL IS PLACED ON RECORD. IN VIEW OF THIS, SINCE RE-ASSESSMENT PROCEE DINGS ITSELF HAVE BEEN QUASHED AND ADDITION HAVE BEEN DELETED, T HEREFORE, PENALTY WOULD NOT SURVIVE. I, ACCORDINGLY, SET ASID E THE ORDERS OF THE AUTHORITIES BELOW AND CANCEL THE PENALTY. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWE D. ORDER PRONOUNCED IN THE OPEN COURT. SD/- (BHAVNESH SAINI) JUDICIAL MEMBER DELHI, DATED 08 TH MARCH, 2018 VBP/- 3 ITA.NO.6671/DEL./2017 SHRI NARENDRA SINGH DELHI. COPY TO 1. THE APPELLANT 2. THE RESPONDENT 3. CIT(A) CONCERNED 4. CIT CONCERNED 5. D.R. ITAT SMC BENCH, DELHI 6. GUARD FILE. // BY ORDER // ASSISTANT REGISTRAR : ITAT DELHI BENCHES : DELHI.