Bhupender Saini, Delhi V. ITO, Ward- 62(2), New Delhi

ITA 7080/DEL/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 7162 (ITAT-DELHI)
• Duration Of Justice: 7 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-07-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 24-11-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S L ANURAGI
• Section: 27

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES SMC : DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER ITA.NO.7080/DEL./2017 ASSESSMENT YEAR 2010-2011 SHRI BHUPENDER SAINI, H.NO.143, KH.NO.68/1, BHOGARH, NERALA, DELHI. PAN BFEPS3281M VS. THE INCOME TAX OFFICER, WARD-62(2), NEW DELHI. (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI B.L. GUPTA, INCOME TAX PRACTITIONER. FOR REVENUE : SHRI S.L. ANURAGI, SR. D.R. DATE OF HEARING : 0 4 .0 7 .2018 DATE OF PRONOUNCEMENT : 05 .0 7 .2018 ORDER THIS APPEAL BY ASSESSEE HAS BEEN DIRECTED AGAINST THE ORDER OF THE LD. CIT(A)-18, NEW DELHI, DATED 04 .11.2015, FOR THE A.Y. 2010-2011, CHALLENGING THE LEVY OF PENALTY UNDER SECTION 271(1)(C) OF THE I.T. ACT, 1961. 2. I HAVE HEARD THE LEARNED REPRESENTATIVES OF BOT H THE PARTIES. 2 ITA.NO.7080/DEL./2017 SHRI BHUPENDER SAINI, DELHI. 3. LEARNED COUNSEL FOR THE ASSESSEE, REFERRED TO T HE SHOW CAUSE NOTICE ISSUED BEFORE LEVY OF THE PENALTY UNDER SECTION 271(1)(C) OF THE I.T. ACT DATED 09.03.2015 IN WHICH THE A.O. HAS MENTIONED HAVE CONCEALED THE PARTICULARS OF YOUR INCOME OR FURNISHING INACCURATE PARTICULARS OF SUCH INCOME IN TERMS OF EXPLANATION 1, 2, 3, 4 AND 5.. HE HAS SUB MITTED THAT IDENTICAL PENALTY NOTICE WAS ISSUED FOR A.Y. 2011-2 012 IN WHICH THE TRIBUNAL HAS SET ASIDE THE ORDERS OF THE AUTHOR ITIES BELOW AND CANCELLED THE PENALTY VIDE ORDER DATED 24.04.20 18 IN ITA.NO.7082/DEL./2017 FOR THE A.Y. 2011-2012. PARAS -11 AND 12 OF THE ORDER IS REPRODUCED AS UNDER : 11. 1 HAVE CONSIDERED THE RIVAL ARGUMENTS MA DE BY BOTH THE SIDES AND PERUSED THE MATERIAL AVAILABL E ON RECORD. IT IS AN ADMITTED FACT THAT THE ASSESSING O FFICER IN THE INSTANT EASE HAS ISSUED NOTICE U/S 274 R.W.S . 271 AND HAS NOT STRUCK OFF THE INAPPROPRIATE WORDS IN T HE SAID NOTICE. IT IS NOT CLEAR FROM THE SAID NOTICE A S TO UNDER WHICH LIMB OF THE SECTION THE PENALTY HAS BEE N LEVIED I.E. EITHER FOR CONCEALMENT OF PARTICULARS O F INCOME 3 ITA.NO.7080/DEL./2017 SHRI BHUPENDER SAINI, DELHI. OR FOR FURNISHING OF INACCURATE PARTICULARS. THE CO - ORDINATE BENCH OF THE TRIBUNAL FOLLOWING THE DECISI ONS OF THE HONBLE SUPREME COURT IN THE CASE OF SSAS EMERALD MEADOWS ARE CANCELLING THE PENALTY WHERE TH E ASSESSING OFFICER HAS NOT STRIKE OFF THE INAPPROPRI ATE WORDS, THE NOTICE ISSUED FOR LEVY OF PENALTY U/S 27 1 (1) (C) OF THE!. T. ACT. 1961. 12. SINCE IN THE INSTANT CASE, THE ASSESSIN G OFFICER HAS ADMITTEDLY NOT STRUCK OFF INAPPROPRIATE WORDS IN THE NOTICE ISSUED U/S 274 R.W.S. 271. THER EFORE, WE HOLD THAT THE ID. CIT(A) IS NOT JUSTIFIED IN CON FIRMING THE PENALTY LEVIED BY THE ASSESSING OFFICER U/S 271 (1 )(C) OF THE I.T. ACT. WE, THEREFORE, SET-ASIDE THE ORDER OF THE ID. C1T(A) AND DIRECT THE ASSESSING OFFICER TO CANCEL THE PENALTY. THE GROUNDS RAISED BY THE ASSESSEE ARE ACCORDINGLY ALLOWED . 4. AFTER CONSIDERING THE RIVAL SUBMISSIONS, I AM O F THE VIEW THAT THE ISSUE IS COVERED IN FAVOUR OF THE ASS ESSEE BY THE 4 ITA.NO.7080/DEL./2017 SHRI BHUPENDER SAINI, DELHI. ORDER OF ITAT, SMC-BENCH, DELHI, IN THE CASE OF SAM E ASSESSEE FOR A.Y. 2011-2012 DATED 24.04.2018 (SUPRA). FOLLOW ING THE SAME, I SET ASIDE THE ORDERS OF THE AUTHORITIES BEL OW AND CANCEL THE PENALTY. 5. IN THE RESULT, APPEAL OF ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- (BHAVNESH SAINI) DELHI, DT. 05 TH JULY, 2018. JUDICIAL MEMBER VBP/- 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.