ITO, Ward-23(1), New Delhi V. Shalimar Town Planners Pvt. Ltd., New Delhi

ITA 981/DEL/2021

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 4338 (ITAT-DELHI)
• Duration Of Justice: 1 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-09-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2008-2009
• Appeal Filed On: 16-08-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: AJAY BHAGWANI
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A NEW DELHI BEFORE SHRI G.S. PANNU, PRESIDENT AND SHRI AMIT SHUKLA, JUDICIAL MEMBER I.T.A. NO.981/DEL/2021 ASSESSMENT YEAR: 2008-2009 ITO, WARD-23(1), NEW DELHI. VS. SHALIMAR TOWN PLANNERS PVT. LTD., M-11, MIDDLE CIRCLE, CONNAUGHT CIRCUS, NEW DELHI. TAN/PAN: AABCS5851R (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI R.K. GUPTA, SR.D.R. RESPONDENT BY: SHRI AJAY BHAGWANI, CA DATE OF HEARING: 24 09 2021 DATE OF PRONOUNCEMENT: 24 09 2021 O R D E R PER AMIT SHUKLA, JM THE AFORESAID APPEAL HAS BEEN FILED BY THE REVENUE AGAINST THE IMPUGNED ORDER DATED 09.04.2021, PASSED BY LD. COMMISSIONER OF INCOME TAX (APPEALS)-XXX, NEW DELHI IN RELATION TO PENALTY PROCEEDINGS U/S.271(1)(C) FOR T HE ASSESSMENT YEAR 2008-09. IN THE GROUNDS OF APPEAL, THE REVENUE HAS RAISED FOLLOWING GROUNDS: WHETHER, ON THE FACTS AND CIRCUMSTANCES OF THE CAS E AND IN LAW, THE CIT(A) WAS JUSTIFIED IN DELETING THE PENAL TY OF RS.84,46,338/- LEVIED U/S. 271(1)(C) OF THE ACT? 2. WHETHER, ON THE FACTS AND CIRCUMSTANCES OF THE CASE, LD.CIT(A) WAS JUSTIFIED IN NOT APPRECIATING THE FAC T THAT THE ISSUE OF QUANTUM IS YET TO ATTAIN FINALITY AS THE D EPARTMENT I.T.A. NO.981/DEL/2021 2 HAS FILED AN APPEAL BEFORE THE HIGH COURT OF DELHI AGAINST THE ITAT'S ORDER QUASHING THE ASSESSMENT ORDER MADE U/S . 153C/143(3)? 2. FROM THE BARE PERUSAL OF THE IMPUGNED ORDER OF T HE LD. CIT(A), WE FIND THAT THE LD. CIT(A) HAS DELETED THE PENALTY ON THE GROUND THAT THIS TRIBUNAL HAS QUASHED THE ASSES SMENT ORDER PASSED BY THE ASSESSING OFFICER AS INVALID, T HEREFORE, PENALTY LEVIED BY THE ASSESSING OFFICER HAS NO BASI S TO STAND. FROM THE PERUSAL OF THE MATERIAL AVAILABLE ON THE R ECORD, WE FIND THAT IN THE QUANTUM PROCEEDINGS, MATTER HAS BE EN DECIDED IN FAVOUR OF THE ASSESSEE BY THIS TRIBUNAL VIDE ORDER DATED 30.06.2020 IN ITAS NO.6307/DEL/2013 AND 6345/DEL/2013 FOR THE ASSESSMENT YEAR 2008-09 WHERE IN THE TRIBUNAL HAS QUASHED THE ASSESSMENT ORDER PASSED BY THE ASSESSING OFFICER. THUS, ONCE THE ASSESSMENT ORDER ITSELF HAS BEEN QUASHED, THE PENALTY ARISING OUT OF SUCH QUANT UM OF ASSESSMENT ALSO DESERVES TO BE QUASHED. ACCORDINGLY , WE UPHOLD THE ORDER OF THE LD. CIT(A). 3. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ABOVE DECISION WAS ANNOUNCED ON CONCLUSION OF VIRTU AL HEARING IN THE PRESENCE OF BOTH THE PARTIES ON 24 TH SEPTEMBER, 2021 SD/- SD/- [G.S. PANNU] [AMIT SHUKLA] [PRESIDENT] JUDICIAL MEMBER DATED: 24/09/2021 PKK: