Sandeep Taneja, New Delhi V. ITO ward-45(5), New Delhi

ITA 8893/DEL/2019

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 5158 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 7 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-06-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2013-2014
• Appeal Filed On: 13-11-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Set aside
• Section: 54; 271(1)(c)

Judgement Text

I.T.A. No. 8893/Del/2019 1 IN THE INCOME TAX APPELLATE TRIBUNAL [ DELHI BENCH “G” : DELHI ] BEFORE SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER A N D SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER आ.अ.सं./I.T.A No. 8893/Del/2019 िनधा[रणवष[/ Assessment Year: 2013-14 Shri Sandeep Taneja, 473 – DPS Society, Plot No. 16, Sector : 4, Dwarka, New Delhi – 110 075. बनाम Vs. Income Tax Officer, Ward: 45 (5) New Delhi. PAN No. ABDPT5922C अपीलाथȸ / Appellant Ĥ×यथȸ / Respondent िनधा[ǐरतीकȧओरसे /Assessee by : Shri Ummed Kuntal, Advocate; राजèवकȧओरसे / Department by : Shri Abhishek Kumar, Sr. D. R.; सुनवाईकȧतारȣख/ Date of hearing : 21/06/2022 उƦोषणाकȧतारȣख/Pronouncement on : 21/06/2022 आदेश / O R D E R PER C. N. PRASAD, J. M. : 1. This appeal is filed by the assessee against the order of the ld. Commissioner of Income Tax (Appeals)-15 {hereinafter referred to CIT (Appeals)] New Delhi, dated 26.09.2019 in sustaining the penalty under I.T.A. No. 8893/Del/2019 2 Section 271(1)(c) of the Income Tax Act, 1961 (the Act) for assessment year 2013-14. 2. At the outset, the ld. Counsel for the assessee submits that the Tribunal in ITA. No. 11/Del/2017 dated 11.10.2018 allowed the claim for exemption under Section 54 of the Act in respect of second residential property following the judgement of the Hon’ble Delhi High Court in the case of Laxman Singh Rawat. Therefore, the ld. Counsel submits that since the Tribunal deleted the disallowance made by the Assessing Officer in respect of deduction claimed under Section 54 of the Act by the assessee. The penalty levied pursuant to the disallowance made under Section 54 of the Act by the Assessing Officer will not survive. 3. The ld. DR fairly submits that the Tribunal deleted the disallowance made under Section 54 of the Act by the Assessing Officer in quantum proceedings. 4. Heard rival submissions perused the orders of the authorities below and the decision of the Tribunal in the quantum proceedings in ITA. No. 11/Del/2017 dated 11.10.2018. It is observed from the order of the Tribunal that the claim for exemption under Section 54 of the Act which was denied by the Assessing Officer was deleted by the Tribunal following the decision of the Hon’ble Delhi High Court in the case of Laxman Singh Rawat (supra). Since the disallowance made in assessment proceedings is deleted by the Tribunal the penalty levied under Section 271(1)(c) of the Act on the basis of the disallowance made in the assessment order will not survive. Hence, the penalty order dated 23.03.2018 passed under Section 271(1)(c) of the Act for the assessment year under consideration is set aside and the Assessing Officer is directed to delete the penalty. I.T.A. No. 8893/Del/2019 3 3. In the result, appeal of the assessee is allowed. Order pronounced in the open court on : 21/06/2022. Sd/- Sd/- (PRADIP KUMAR KEDIA) ( C. N. PRASAD ) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated : 21/06/2022. *MEHTA* Copy forwarded to : 1. Appellant; 2. Respondent; 3. CIT 4. CIT (Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, New Delhi. Date of dictation 21.06.2022 Date on which the typed draft is placed before the dictating member 21.06.2022 Date on which the typed draft is placed before the other member 21.06.2022 Date on which the approved draft comes to the Sr. PS/ PS 21.06.2022 Date on which the fair order is placed before the dictating member for pronouncement 21.06.2022 Date on which the fair order comes back to the Sr. PS/ PS 21.06.2022 Date on which the final order is uploaded on the website of ITAT 21.06.2022 Date on which the file goes to the Bench Clerk 21.06.2022 Date on which the file goes to the Head Clerk The date on which the file goes to the Assistant Registrar for signature on the order Date of dispatch of the order