Lenzing Polypacks Ltd., New Delhi V. ITO, Ward-15(2), New Delhi

ITA 7853/DEL/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 6629 (ITAT-DELHI)
• Duration Of Justice: 7 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-07-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2005-2006
• Appeal Filed On: 10-12-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S L ANURAGI
• Keywords: Set aside

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH F NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER I.T.A. NO.7853/DEL/2018 ASSESSMENT YEAR: 2005-06 LENZING POLYPACKS LTD., 26, SADHNA ENCLAVE, NEW DELHI. V. ITO, WARD-15(2), NEW DELHI. TAN/PAN: AAACL 1675M (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI VED JAIN, ADVOCATE RESPONDENT BY: SHRI S.L. ANURAGI, SR.D.R. DATE OF HEARING: 25 07 2019 DATE OF PRONOUNCEMENT: 25 07 2019 O R D E R PER AMIT SHUKLA, JUDICIAL MEMBER THE AFORESAID APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE IMPUGNED ORDER DATED 06.09.2018, PASSED BY LD. COMMISSIONER OF INCOME TAX (APPEALS)-V, DELHI IN RE LATION TO THE PENALTY PROCEEDINGS U/S.271(1)(C) FOR THE ASSES SMENT YEAR 2005-06. IN VARIOUS GROUNDS OF APPEAL, ASSESSE HAS CHALLENGED THE EX-PARTE ORDER PASSED BY LD. CIT(A) AND ALSO THE PENALTY OF RS.3,17,256/- LEVIED BY THE AO ON AC COUNT OF ADDITION OF RS.8,50,000/- AND RS.17,000/- MADE U/S. 68 OF THE ACT. 2. BEFORE US, SHRI VED JAIN, LEARNED COUNSEL APP EARING ON BEHALF OF THE ASSESSE HAS SUBMITTED THAT QUANTUM AP PEAL IS PENDING BEFORE THE LD. CIT(A) AT PRESENT, AND THERE FORE, THE I.T.A. NO.4454/DEL/2016 2 PENALTY PROCEEDINGS INITIATED U/S.271(1)(C) IS UNWA RRANTED. HENCE, THE MATTER SHOULD BE SET ASIDE AND REMANDED BACK BEFORE THE LD. CIT (A) TO BE DECIDED AFRESH AFTER D ISPOSING OF THE QUANTUM APPEAL. 3. LD. DR DID NOT HAVE ANY OBJECTION IF THE MATTER IS RESTORED BACK TO THE FILE OF THE LD. CIT (A). 4. IN VIEW OF THE FACT THAT QUANTUM APPEAL IS STILL PENDING AND IMPUGNED PENALTY ORDER HAS BEEN PASSED EX- PARTE BY THE LD. CIT (A), THEREFORE, IN THE INTEREST OF JUSTICE, WE ARE REMANDING BACK THE ISSUE OF LEVY OF PENALTY U/S . 271(1) (C) BACK TO THE FILE OF THE LD. CIT (A) TO BE DECIDED A FRESH AND IN ACCORDANCE WITH LAW AFTER GIVING DUE AND EFFECTIVE OPPORTUNITY OF HEARING TO THE ASSESSE. 5. IN THE RESULT, THE APPEAL OF THE ASSESSE IS ALLO WED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 25 TH JULY, 2019. SD/- SD/- [PRASHANT MAHARISHI] [AMIT SHUKLA] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 25 TH JULY, 2019 PKK