DCIT, New Delhi V. Sh. Nayan Raheja, New Delhi

ITA 6845/DEL/2015

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 2767 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 2 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-03-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 30-12-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAVIKANT GUPTA
• Keywords: Search and seizure
• Section: 153A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A NEW DLEHI BEFORE SHRI G.D. AGRAWAL, HONBLE PRESIDENT AND SHRI K. NARASIMHA CHARY, JUDICIAL MEMBER I.T.A. NO.6845/DEL/2015 ASSESSMENT YEAR: 2008-09 DCIT, CENTRAL CIRCLE 19, VS SHRI NAYAN RAHEJA, NEW DELHI. 150-A, CENTRAL REVENUE, SAINIK FARM, NEW DELHI. (PAN: AFYPR1671K) (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI RAVI KANT GUPTA, SR. DR RESPONDENT BY: SHRI NIRAJ JAIN, CA ORDER DATE OF HEARING: 21.03.2018 DATE OF PRONOUNCEMENT: 22 .03.2018 PER NARASIMHA K. CHARY CHALLENGING THE ORDER DATED 16.10.2015 IN APPEAL N O.88/2015-16 PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)- 27, NEW DELHI (FOR SHORT LD. CIT (A)), REVENUE PREFERRED THIS APPEAL. 2. PURSUANT TO THE SEARCH AND SEIZURE OPERATIONS CO NDUCTED ON 10.2.2010 IN THE CASE OF RAHEJA GROUP, ASSESSMENT U/S 153A OF TH E INCOME-TAX ACT, 1961 (THE ACT) WAS CONCLUDED BY MAKING AN ADDITION OF RS.40 L ACS. SIMULTANEOUSLY, PROCEEDINGS U/S 271(1)(C) OF THE ACT WERE ALSO INI TIATED AND CONCLUDED BY WAY OF ORDER DATED 30.3.2015 WITH THE LEVY OF PENALTY OF RS .13,59,599/- FOR CONCEALMENT 2 OF INCOME OR FILING INACCURATE PARTICULARS THEREOF. BY WAY OF IMPUGNED ORDER, LEARNED CIT(A) DELETED THE PENALTY HOLDING THAT THE PARTICULARS FURNISHED BY THE ASSESSEE ARE SUBSTANTIATED BEFORE THE AO IN THE REM AND PROCEEDINGS, AS SUCH, IT CANNOT BE SAID THAT INACCURATE PARTICULARS OF INCOM E HAVE BEEN FURNISHED BY THE ASSESSEE. 3. CHALLENGING THIS FINDING OF THE LEARNED CIT(A), REVENUE IS IN APPEAL BEFORE US STATING THAT IN THE QUANTUM APPELLATE PROCEEDINGS B Y ORDER DATED 13.9.2013 IN APPEAL NO.387/2011-12, IT WAS CLEARLY HELD THAT THE ASSESSEE BROUGHT BACK HIS UNDISCLOSED INCOME IN THE GARB OF PREMEDITATED AND PRE PLANNED FICTITIOUS SALE OF AGRICULTURAL LAND, THUS, CLEARLY SIGNIFYING CONCEALM ENT OF FACTS. 4. AT THE OUTSET, LEARNED AR BROUGHT TO OUR NOTICE THAT VIDE COMMON ORDER DATED 10.11.2017 IN ITA NO.6609 AND 6610/DEL/2013, A COORDINATE BENCH OF THIS TRIBUNAL DELETED THE QUANTUM ADDITION, AS SUCH, THE PENALTY HAS NO LEGS TO STAND. A COPY OF THE ORDER IS PRODUCED BEFORE US, A PERUSAL OF WHICH CLEARLY ESTABLISHES THE CASE OF THE ASSESSEE. IN THE CIRCUMSTANCES, IN ASMUCH AS THE QUANTUM IS DELETED, THE PENALTY CANNOT SURVIVE AND, THEREFORE, WHILE ALLOWING THIS APPEAL, WE DIRECT THE LEARNED AO TO DELETE THE PENALTY. 5. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSE D. ORDER PRONOUNCED IN THE OPEN COURT ON 22 ND MARCH, 2018. SD/- SD/- (G.D. AGARWAL) (K. NARASIMHA CHARY ) PRESIDENT JUDICIAL MEMBER DATED: 22 ND MARCH, 2018 VJ 3 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) BY ORDER 5. DR, ITAT ASSTT. REGISTRA R, ITAT