ITO, New Delhi V. Sh. Aman Kharbanda, New Delhi

ITA 6840/DEL/2015

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 3694 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 1 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-02-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 30-12-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANIL KUMAR YADAV
• Section: 144

Judgement Text

PAGE | 1 INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A : NEW DELHI BEFORE SHRI H.S.SIDHU , JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA NO. 6840/DEL/2015 (ASSESSMENT YEAR: 2011 - 12 ) ITO, WARD - 41(3), ROOM NO. 1710, E - 2 BLOCK, CIVIC CENTRE, NEW DELHI VS. AMAN KHARBANDA, BG - 3/26C, LIG FLATS, PASCHIM VIHAR, NEW DELHI PAN: ANWPK5474B (APPELLANT) (RESPONDENT) REVENUE BY : SHRI ANIL KUMAR YADAV, SR. DR ASSESSEE BY: SHRI AKARSH GARG, ADV DATE OF HEARING 16/11 /2017 DATE OF PRONOUNCEMENT 0 8 / 0 2 / 2018 O R D E R PER PRASHANT MAHARISHI , A. M. 1. THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF THE LD CIT(A) - 14, NEW DELHI DATED 15.10.2015. 2. THE REVENUE HAS RAISED THE FOLLOWING GROUNDS OF APPEAL: - 1. THE LD CIT(A) HAS ERRED IN DELETING THE PENALTY U/S 271(1)(C) OF THE ACT AMOUNTING TO RS. 1142231/ - OUT OF THE TOTAL AMOUNT OF PENALTY IMPOSED OF RS. 1158055/ - BY THE LD AO ON THE ADDITION OF RS. 4110170/ - WHICH WAS RESTRICTED TO RS. 153628/ - . 3. THE BRIEF FACTS OF THE CASE IS THAT THE ASSESSEE IS AN INDIVIDUAL WHO FILED HIS RETURN OF INCOME ON 19.05.2011 FOR RS. 17525210/ - . DURING THE ASSESSMENT PROCEEDINGS THE ASSESSEE DID NOT COMPLY FOR FILING ANY DETAIL WITH RESPEC T TO DEPOSIT OF RS. 4110170/ - IN HIS SAVINGS BANK ACCOUNT WITH STATE BANK OF INDIA. THE LD ASSESSING OFFICER PASSED AN ASSESSMENT ORDER U/S 144 OF THE ACT ON 25.02.2014, ASSESSING TOTAL INCOME AT RS. 4290696/ - . THE ASSESSEE PREFERRED AN APPEAL BEFORE THE L D CIT(A), WHO DECIDED THE APPEAL VIDE ORDER DATED 15.10.2015 AND DETERMINED PROFIT @8% OF THE AMOUNT DEPOSITED AND RESTRICTED THE ADDITION OF RS. 4110479/ - TO ONLY RS. 153628/ - . THE LD ASSESSING OFFICER INITIATED THE ITO, VS. AMAN KHARBANDA ITA NO. 6840/DEL/2015 (ASSESSMENT YEAR: 2011 - 12) PAGE | 2 PENALTY PROCEEDINGS WHILE FRAMING ASSES SMENT AND VIDE ORDER DATED 13.08.2014 LEVIED THE PENALTY OF RS. 1173879/ - . ASSESSEE DID NOT FILE ANY REPLY BEFORE THE LD ASSESSING OFFICER. HOWEVER, THE APPEAL WAS PREFERRED BEFORE THE LD CIT(A), WHO CONFIRMED THE PENALTY, HOWEVER, RESTRICTED THE SAME TO T HE ADDITION CONFIRMED OF RS. 153628/ - ONLY. THEREFORE, REVENUE IS BEFORE US ON RESTRICTION OF THE PENALTY BY THE LD CIT(A) FROM RS. 1173879/ - TO RS. 153628/ - . 4. THE LD DR SUBMITTED THAT PENALTY SHOULD HAVE BEEN UPHELD OF THE WHOLE AMOUNT BY THE LD CIT(A). HOWEVER, ON QUERY BY THE BENCH THAT WHETHER REVENUE HAS FILED ANY APPEAL AGAINST THE ORDER OF THE LD CIT(A) DATED 15.10.2015 IN QUANTUM PROCEEDINGS THE LD DR COULD NOT G IVE ANY CONCRETE ANSWER. 5. THE LD AR SUPPORTED THE ORDER OF THE LD CIT(A). 6. WE HAVE CAREFULLY CONSIDERED THE RIVAL CONTENTIONS. IN THE PRESENT CASE THE ONLY GRIEVANCE OF THE REVENUE IS THAT THE LD CIT(A) HAS UPHELD THE PENALTY ONLY UP TO RS. 153628/ - . AS THE REVENUE COULD N OT SHOW US THAT WHETHER THE ORDER OF THE LD CIT(A) IN QUANTUM PROCEEDINGS IS CHALLENGED BEFORE THE COORDINATE BENCH OR NOT WE ARE CONSTRAINED TO HOLD THAT PENALTY CAN BE LEVIED ONLY ON THE ADDITIONS SUSTAINED NOT MORE THAN THAT. IN VIEW OF THIS WE DO NOT F IND ANY MERIT IN THE APPEAL OF THE REVENUE. 7. IN THE RESULT APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 0 8 / 0 2 / 2018 . - S D / - - S D / - ( H.S.SIDHU ) (PRASHANT MAHARISHI) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 0 8 / 02 / 2018 A K KEOT COPY FORWARDED TO 1. APPLICANT 2. RESPONDENT 3. CIT 4. CIT (A) ITO, VS. AMAN KHARBANDA ITA NO. 6840/DEL/2015 (ASSESSMENT YEAR: 2011 - 12) PAGE | 3 5. DR:ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI