Subhash Rastogi, New Delhi V. ITO, Ward- 19(3), New Delhi

ITA 7639/DEL/2017

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 7891 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 6 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-07-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2008-2009
• Appeal Filed On: 20-12-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: FRIDAY NEW DELHI BEFORE SHRI PRAMOD KUMAR, VICE PRESIDENT & SHRI K. NARASIMHA CHARY, JUDICIAL MEMBER ITA NO.7639/DEL/2017 ASSESSMENT YEAR: 2008-09 SHRI SUBHASH RASTOGI, RAJ KUMAR & ASSOCIATES,CAS L-7A(LGF), SOUTH EXTN. PART -2, NEW DELHI. PAN: AAEPR9312E VS INCOME-TAX OFFICER, WARD -19(3), NEW DELHI. APPLICANT BY SHRI SUMIT GOEL, ADVOCATE SHRI RAJ KUMAR GUPTA, ADVOCATE REVENUE BY MS RINKU SINGH, SR. DR ORDER PER K. NARASIMHA CHARY, JM AGGRIEVED BY THE ORDER DATED 29.5.2017 PASSED BY THE COMMISSIONER OF INCOME-TAX (APPEALS)-25, DELHI {CIT(A)} FOR THE ASSTT. YEAR 2008-09 IN APPEAL NO.52/16-17, ASSESSEE PREFERRED THIS APPEAL. 2. BRIEF FACTS OF THE CASE ARE THAT ON 17.2.2009, THE ASSESSEE FILED RETURN OF INCOME FOR THE ASSTT. YEAR 2008-09 DECLARING AN INCOME OF RS.2 LACS. LEARNED AO, HOWEVER, MADE CERTAIN ADDITIONS AND ASSESSED THE INCOME AT RS.94,18,280/- APPEAL PREFERRED BY THE ASSESEE WAS DISMISSED BY THE LD. CIT(A). LEARNED AO PROCEEDED WITH THE MATTER AND LEVIED A PENALTY OF RS.7,07,206/- U/S 271(1)(C) OF THE INCOME-TAX ACT, 1961 (THE ACT). DATE OF HEARING 19.7.2019 DATE OF PRONOUNCEMENT 19.7.2019 2 3. TODAY ASSESSEE PLEADED FOR AN EARLY HEARING IN THE MATTER ON THE GROUND THAT THE QUANTUM APPEAL PREFERRED BY THE ASSESSEE TO THE TRIBUNAL WAS DECIDED BY A COORDINATE BENCH OF THIS TRIBUNAL IN ITA NO.695/DEL/2015 BY ORDER DATED 20.11.2018 DELETING THE ADDITION IN QUESTION AND, THEREFORE, THE PENALTY CANNOT SURVIVE. A COPY OF THE ORDER IS PRODUCED BEFORE US AND THE REVENUE DOES NOT DISPUTE THE SAID FACT. 4. WE HAVE CAREFULLY GONE THROUGH THE RECORD AND FIND THAT THE QUANTUM ADDITION WAS DELETED BY A COORDINATE BENCH OF THIS TRIBUNAL IN ITA NO.695/DEL/2015 BY ORDER DATED 20.11.2018 AND, THEREFORE, THE PENALTY CANNOT SURVIVE. WE, THEREFORE, WHILE GRANTING EARLY HEARING REQUEST, HEARD THIS MATTER AND TAKING INTO CONSIDERATION THE FACT OF DISPOSAL OF THE APPEAL AND DELETION OF THE ADDITION, HOLD THAT THE PENALTY CANNOT SURVIVE AND THE SAME IS LIABLE TO BE DELETED. WE ORDER SO. 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 19 TH JULY, 2019. SD/- SD/- (PRAMOD KUMAR) (K. NARASIMHA CHARY) VICE PRESIDENT JUDICIAL MEMBER DATED: 19 TH JULY, 2019 VJ COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI 3 DRAFT DICTATED ON 19.7.2019 DRAFT PLACED BEFORE AUTHOR 19.7.2019 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. APPROVED DRAFT COMES TO THE SR.PS/PS KEPT FOR PRONOUNCEMENT ON DATE OF UPLOADING ORDER ON THE WEBSITE FILE SENT TO THE BENCH CLERK DATE ON WHICH FILE GOES TO THE AR DATE ON WHICH FILE GOES TO THE HEAD CLERK. DATE OF DISPATCH OF ORDER.