Sh. Vijay Bansal, New Delhi V. ITO, New Delhi

ITA 6811/DEL/2014

• Counselvise Citation: 681120114 RSA 2014
• Duration Of Justice: 8 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-09-2015
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC 1
• Next Hearing Date: 14-08-2015
• Assessment Year: 2003-2004
• Appeal Filed On: 17-12-2014
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: GARIMA JAIN SENIOR
• Assessee Lawyers: SURESH KUMAR GUPTA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL DELHI DELHI DELHI DELHI BENCH BENCH BENCH BENCH SMC SMC SMC SMC- -- -1 11 1 : NEW DELHI : NEW DELHI : NEW DELHI : NEW DELHI BEFORE SHRI G.C. GUPTA BEFORE SHRI G.C. GUPTA BEFORE SHRI G.C. GUPTA BEFORE SHRI G.C. GUPTA, VICE , VICE , VICE , VICE PRESIDENT PRESIDENT PRESIDENT PRESIDENT ITA NO ITA NO ITA NO ITA NO . .. . 6811/DEL/2014 6811/DEL/2014 6811/DEL/2014 6811/DEL/2014 ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR : : : : 2003 2003 2003 2003 - -- - 04 0404 04 SHRI VIJAY BANSAL, SHRI VIJAY BANSAL, SHRI VIJAY BANSAL, SHRI VIJAY BANSAL, 28/78, PUNJABI BAGH, 28/78, PUNJABI BAGH, 28/78, PUNJABI BAGH, 28/78, PUNJABI BAGH, NEW DELHI NEW DELHI NEW DELHI NEW DELHI 110 028. 110 028. 110 028. 110 028. PAN : ABMPK7772Q. PAN : ABMPK7772Q. PAN : ABMPK7772Q. PAN : ABMPK7772Q. VS. VS. VS. VS. INCOME TAX INCOME TAX INCOME TAX INCOME TAX OFFICER, OFFICER, OFFICER, OFFICER, WARD WARD WARD WARD- -- -25(1), 25(1), 25(1), 25(1), NEW DELHI. NEW DELHI. NEW DELHI. NEW DELHI. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI SURESH KUMAR GUPTA, CA. RESPONDENT BY : MS. GARIMA JAIN, SENIOR DR. DATE OF HEARING : 14.08.2015 14.08.2015 14.08.2015 14.08.2015 DATE OF PRONOUNCEMENT : 08.09.201 08.09.201 08.09.201 08.09.2015 55 5 ORDER ORDER ORDER ORDER THIS APPEAL BY THE ASSESSEE FOR THE ASSESSMENT YEAR 2003-0 4 IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A)-XXIV, N EW DELHI DATED 1 ST SEPTEMBER, 2014. 2. THE ONLY GROUND OF APPEAL OF THE ASSESSEE IS AS UNDER :- THE LD.CIT(A) ON THE FACTS AND IN THE CIRCUMSTANCES O F THE CASE HAS ERRED IN CONFIRMING LEVY OF PENALTY AS PER T HE IMPUGNED ORDER. 3. LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT IN THE QUANTUM APPEAL OF THE ASSESSEE FOR THE RELEVANT ASSESSMENT YEAR 20 03-04, THE ADDITIONS WERE RESTORED TO THE FILE OF THE LEARNED CI T(A) AND, THEREFORE, THE ISSUE OF PENALTY U/S 271(1)(C) OF THE INCOME-TAX A CT, 1961 MAY ALSO BE RESTORED TO THE CIT(A). ITA-6811/DEL/2014 2 4. LEARNED DR COULD NOT CONTROVERT THE SUBMISSIONS OF THE LEARNED COUNSEL FOR THE ASSESSEE AND HAS RELIED ON THE ORDER OF THE ASSESSING OFFICER AND LEARNED CIT(A). 5. I HAVE CONSIDERED THE RIVAL SUBMISSIONS AND HAVE PERU SED THE ORDER OF THE AO AND THE LEARNED CIT(A). I FIND THA T IN THE APPEAL OF THE ASSESSEE FOR THE RELEVANT ASSESSMENT YEAR 2003-04 IN ITA NO.1181/DEL/2014, ORDER DATED 6.7.2015, THE TRIBUNA L HAS RESTORED THE ISSUE OF VALIDITY OF ADDITION TO THE FILE OF THE LEAR NED CIT(A) FOR FRESH DECISION IN ACCORDANCE WITH LAW AND, THEREFORE, IT W OULD BE JUSTIFIED TO RESTORE THE ISSUE IN THE PRESENT APPEAL OF THE ASSESSEE TO THE FILE OF THE LEARNED CIT(A) WITH THE DIRECTION TO PASS A DE NOVO APPELLATE ORDER IN ACCORDANCE WITH LAW AFTER ALLOWING DUE OPPORTUNITY OF HEARING TO BOTH THE PARTIES. I DIRECT ACCORDINGLY. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED F OR STATISTICAL PURPOSES. DECISION PRONOUNCED IN THE OPEN COURT ON 8 TH SEPTEMBER, 2015. SD/- (G. (G. (G. (G. C. GUPTA C. GUPTA C. GUPTA C. GUPTA ) )) ) VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VK. COPY FORWARDED TO: - 1. APPELLANT : SHRI VIJAY BANSAL, SHRI VIJAY BANSAL, SHRI VIJAY BANSAL, SHRI VIJAY BANSAL, 28/78, 28/78, 28/78, 28/78, PUNJABI BAGH, NEW DELHI PUNJABI BAGH, NEW DELHI PUNJABI BAGH, NEW DELHI PUNJABI BAGH, NEW DELHI 110 028. 110 028. 110 028. 110 028. 2. RESPONDENT : INCOME TAX OFFICER, WARD INCOME TAX OFFICER, WARD INCOME TAX OFFICER, WARD INCOME TAX OFFICER, WARD- -- -25(1), NEW DELHI. 25(1), NEW DELHI. 25(1), NEW DELHI. 25(1), NEW DELHI. 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR