Scan Holdings Pvt. Ltd., New Delhi V. ACIT Circle-22(2), New Delhi

ITA 9667/DEL/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 4932 (ITAT-DELHI)
• Duration Of Justice: 2 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-02-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2007-2008
• Appeal Filed On: 20-12-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P S GAUTAM
• Assessee Lawyers: S KRISHNAN
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI , FRIDAY BENCH NEW DELHI BEFORE HONBLE MR. JUSTICE P.P. BHATT, PRESIDENT AN D HONBLE G.S. PANNU, VICE PRESIDENT ITA NOS.9667 AND 9668/DEL/2019 ASSESSMENT YEARS. 2007-08 & 2012-13 SCAN HOLDINGS PVT. LTD. F-4, SHOPPING COMPLEX, A BLOCK, MEERA BAGH WEST DELHI, NEW DELHI-110087 PAN- AABCS0852N .(APPELLANT) VS ACIT, CICRCLE-22(2), ROOM NO.226A, C. R. BUILDING, I.P. ESTATE, NEW DELHI . .. (RESPONDENT) APPELLANT BY : SHRI S. KRISHNAN & SHRI V. RAJA KUMAR, ADVOCATE RESPONDENT BY : SHRI P.S. GAUTAM, SR. D R DATE OF HEARING : 21/02/2020 DATE OF PRONOUNCEMENT : 21/02/20 20 ORDER PER MR. JUSTICE, P.P. BHATT, THESE TWO APPEALS FILED BY THE ASSESSEE ARE AGAINST SEPARATE ORDERS PASSED BY CIT(A)-8, NEW DELHI, BOTH DATED 02/05/2009, RELA TING TO ASSESSMENT YEARS 2 ITA NOS.9667 & 9 668//DEL/2019 2007-08 AND 2012-13, AGAINST PENALTY LEVIED UNDER S ECTION 271(1)(C) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT). 2. IN THESE APPEALS, THE SOLITARY GRIEVANCE OF THE ASSESSEE IS ARISING FROM THE ACTION OF THE ASSESSING OFFICER IN IMPOSING PENALTY UNDER SECTION 271(1)(C) OF THE ACT, AMOUNTING TO RS.33,600/- AND RS.64,800/- FOR ASSESSMENT YEARS 2007- 08 AND 2012-13 RESPECTIVELY, WHICH HAVE SINCE BEEN UPHELD BY THE CIT(A). 3. AT THE TIME OF HEARING, IT WAS A COMMON GROUND B ETWEEN THE PARTIES THAT THE ADDITIONS WHICH HAVE RESULTED IN THE IMPOSING O F PENALTY UNDER SECTION 271(1)(C) OF THE ACT HAS SINCE BEEN DELETED BY THE TRIBUNAL VIDE ITS ORDER IN ITA NOS.1463 & 1464/DEL/2017, DATED 07/02/2020 FOR ASSE SSMENT YEARS 2007-08 AND 2012-13 RESPECTIVELY. AS CONSEQUENT OF THE ABOVE FA CTUAL MATRIX, THE IMPUGNED PENALTY LEVIED UNDER SECTION 271(1)(C) OF THE INCOM E TAX ACT, 1961 (HEREINAFTER REFERRED TO AS 'THE ACT') HERE IS BY DIRECTED TO BE DELETED IN BOTH THE CAPTIONED YEARS. 4. ACCORDINGLY, THE APPEALS OF THE ASSESSEE ARE ALL OWED. ABOVE DECISION WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF THE BOTH THE PARTIES AT THE CONCLUSION OF THE HEARING O N 21/02/2020. . SD/- SD/- ( G.S. PANNU ) ( JUSTICE P.P. BHAT T ) VICE PRESIDENT PRESIDENT DELHI / DATED: 21/02/2020 S HEKHAR, SR. P.S. 3 ITA NOS.9667 & 9 668//DEL/2019 COPY OF THE ORDER IS FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. THE PR. CIT 5. 6. DR, ITAT, DELHI GUARD FILE. BY ORDER , ASSISTANT REGISTRAR, ITAT, DELHI