Lal Sai Estates Pvt. Ltd., New Delhi V. ITO WARD - 15(1), New Delhi

ITA 7920/DEL/2019

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 2335 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 8 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-06-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Assessment Year: 2007-2008
• Appeal Filed On: 29-09-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘E’ NEW DELHI BEFORE SHRI SAKTIJIT DEY, JUDICIAL MEMBER AND SHRI ANADEE NATH MISSHRA,ACCOUNTANT MEMBER ITA No.7920/Del/2019 Assessment Year: 2007-08 M/s. Lal Sai Estates Pvt. Ltd., B-491, New Friends Colony, New Delhi PIN: 1100 65 Vs. ITO, Ward – 15(1), New Delhi. PAN :AABCL0660M (Appellant) (Respondent) ORDER PER SAKTIJIT DEY, JUDICIAL MEMBER: This is an appeal by the assessee against order dated 13.08.2019 of learned Commissioner of Income-Tax (Appeals)-36, New Delhi, confirming the penalty imposed of Rs.77,25,000 under Section 271(1)(c) of the Income-Tax Act,1961 for the assessment year 2007- 08. Appellant by Shri S.K. Manjani, Advocates Respondent by Shri Dilip Singh Kothari, CIT (DR) Date of hearing 14.06.2022 Date of pronouncement 28.06.2022 2 ITA No.8145/Del./2019 2. At the time of hearing before us, learned counsel appearing for the assessee submitted that substantive addition based on which the penalty under Section 271(1)(c) of the Income-Tax Act,1961 was imposed, in the meanwhile, has been deleted by the Tribunal. 3. On perusal of order dated 29.10.2018 passed in ITA No.5484, 5485, 5486/Del/2016, it is observed that while deciding the quantum appeal, Tribunal has deleted the additions made by the assessing officer. 4. That being the factual position emerging from material available on record, penalty imposed under Section 271(1)(c) of the Act has to be deleted, as, it cannot have any independence existence in absence of the additions based on which it was imposed. Accordingly, penalty imposed is deleted. 5. In the result, the appeal is allowed. Order pronounced in the open court on 28 th June, 2022. Sd/- Sd/- (ANADEE NATH MISSHRA) (SAKTIJIT DEY) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 28 th June, 2022. Mohan Lal 3 ITA No.8145/Del./2019 Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi 4 ITA No.8145/Del./2019 Sl. No. Particulars Date 1. Date of dictation (Order drafted through Dragon software): 16.06.2022 2. Date on which the draft of order is placed before the Dictating Member: 24.06.2022 3. Date on which the draft of order is placed before the other Member: - 4. Date on which the approved draft of order comes to the Sr. PS/PS: 27.06.2022 5. Date of which the fair order is placed before the Dictating Member for pronouncement: 27.06.2022 6. Date on which the final order received after having been singed/pronounced by the Members: 28.06.2022 7. Date on which the final order is uploaded on the website of ITAT: 28.06.2022 8. Date on which the file goes to the Bench Clerk 28.06.2022 9. Date on which files goes to the Head Clerk: 10. Date on which file goes to the Assistant Registrar for signature on the order: 11. Date of dispatch of order: