Sh. Sunil Gupta, Bareilly V. ACIT, New Delhi

ITSSA 19/DEL/2008

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 4728 (ITAT-DELHI)
• Duration Of Justice: 11 year(s) 3 month(s) 22 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 22-05-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Next Hearing Date: 07-12-2016
• Assessment Year: misc
• Appeal Filed On: 31-01-2008
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S S RANA
• Assessee Lawyers: V RAJ KUMAR S
• Keywords: Set aside
• Section: 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL DELHI DELHI DELHI DELHI BENCH BENCH BENCH BENCH G GG G : NEW DELHI : NEW DELHI : NEW DELHI : NEW DELHI BEFORE SHRI BEFORE SHRI BEFORE SHRI BEFORE SHRI G.D. AGRAWAL, G.D. AGRAWAL, G.D. AGRAWAL, G.D. AGRAWAL, VICE VICE VICE VICE PRESIDENT PRESIDENT PRESIDENT PRESIDENT AND AND AND AND MS. SUCHITRA KAMBLE MS. SUCHITRA KAMBLE MS. SUCHITRA KAMBLE MS. SUCHITRA KAMBLE, JUDICIAL MEMBER , JUDICIAL MEMBER , JUDICIAL MEMBER , JUDICIAL MEMBER IT ITIT IT (SS) (SS) (SS) (SS) A AA A . .. . NO NONO NO . .. . 19 1919 19 /DEL/200 /DEL/200 /DEL/200 /DEL/200 8 88 8 BLOCK PERIOD : 199 BLOCK PERIOD : 199 BLOCK PERIOD : 199 BLOCK PERIOD : 199 1 11 1 - -- - 92 TO 2001 92 TO 2001 92 TO 2001 92 TO 2001 - -- - 02 0202 02 SHRI SUNIL GUPTA, SHRI SUNIL GUPTA, SHRI SUNIL GUPTA, SHRI SUNIL GUPTA, B BB B- -- -346, RAJENDRA NAGAR, 346, RAJENDRA NAGAR, 346, RAJENDRA NAGAR, 346, RAJENDRA NAGAR, BAR BAR BAR BAREILLY. EILLY. EILLY. EILLY. PAN : ABWPG7523P. PAN : ABWPG7523P. PAN : ABWPG7523P. PAN : ABWPG7523P. VS. VS. VS. VS. ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF INCOME TAX, INCOME TAX, INCOME TAX, INCOME TAX, CENTRAL CIRCLE CENTRAL CIRCLE CENTRAL CIRCLE CENTRAL CIRCLE- -- -16, 16, 16, 16, NEW DELHI. NEW DELHI. NEW DELHI. NEW DELHI. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI K. SAMPATH AND SHRI V. RAJ KUMAR, ADVOCATES. RESPONDENT BY : SHRI S.S. RANA, CIT - DR. DATE OF HEARING : 25.04.2019 25.04.2019 25.04.2019 25.04.2019 DATE OF PRONOUNCEMENT : 22.05.2019 22.05.2019 22.05.2019 22.05.2019 ORDER ORDER ORDER ORDER PER G.D. AGRAWAL, PER G.D. AGRAWAL, PER G.D. AGRAWAL, PER G.D. AGRAWAL, VICE VICE VICE VICE PRESIDENT PRESIDENT PRESIDENT PRESIDENT : :: :- -- - THIS APPEAL BY THE ASSESSEE FOR THE BLOCK PERIOD 1 991-92 TO 2001-02 IS DIRECTED AGAINST THE ORDER OF LEARNED CI T(A)-II, NEW DELHI DATED 26 TH DECEMBER, 2007. 2. THE ASSESSEE HAS RAISED THE FOLLOWING GROUND OF APPEAL :- THE ASSTT. COMMISSIONER OF INCOME TAX, CENTRAL CIR CLE-16, NEW DELHI (HEREINAFTER REFERRED TO AS LD.AO) AS WEL L AS THE CIT(APPEALS), DELHI-II (HEREINAFTER REFERRED TO AS LD.CIT- APPEALS) BOTH HAVE ABSOLUTELY ERRED IN LAW READ WIT H THE RELEVANT/PERTINENT RULINGS OF THE COMPETENT COURTS WITH REGARD THERETO VIS-A-VIS THE FACTS & FEATURES OF TH E CASE OF THE ASSESSEE/APPELLANT WHILE LEVYING AND UPHOLDING PENALTY OF RS.9,60,000/- VIDE ORDER US/ 158BFA(2) DATED 21. 9.2007 (SERVED ON 27.09.2007 TO THE ASSESSEE/APPELLANT) AN D ORDER U/S 250 DATED 27.12.2007 (SERVED ON 16.1.2008 TO THE APPELLANT) RESPECTIVELY, DESPITE THE FACT WHICH IS NOTED IN THE IMPUGNED ORDER U/S 158BFA) THAT THE IT(SS) A.NO.19/DEL/2008 2 ALLEGED/DISPUTED ADDITION(S) OF RS.16 LAKHS (IN ORD ER U/S 158BC DATED 30.03.2006) IS DISPUTED IN APPEAL (FILE D ON 9.4.2007, WHICH IS PENDING FOR HEARING & ADJUDICATI ON) BEFORE THE HONBLE ITAT, NEW DELHI 3. WE HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AN D PERUSED THE MATERIAL PLACED BEFORE US. IT IS OBSERVED THAT THE ASSESSMENT IN THIS CASE HAS BEEN SET ASIDE TO THE FILE OF THE ASSESSIN G OFFICER BY THE ITAT IN IT(SS) A.NO.88/DEL/2007, ORDER DATED 7 TH MAY, 2019 WITH THE DIRECTION TO MAKE THE ASSESSMENT AFRESH AFTER MAKIN G PROPER COMPLIANCE OF THE ORDER OF THE ITAT IN M.A. NO.240/ DEL/2009. SINCE THE ASSESSMENT ITSELF HAS BEEN SET ASIDE, THE PENALTY L EVIED UNDER SECTION 158BFA(2) OF THE ACT DOES NOT SURVIVE AT PRESENT. HOWEVER, THE ASSESSING OFFICER WILL BE AT LIBERTY TO REINITIATE THE PENALTY PROCEEDINGS AFTER MAKING THE ASSESSMENT AFRESH, IF THE FACTS SO WARRANT. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DEE MED TO BE ALLOWED FOR STATISTICAL PURPOSES. DECISION PRONOUNCED IN THE OPEN COURT ON 22.05.2019 . SD/ SD/ SD/ SD/- -- - SD/ SD/ SD/ SD/- -- - (SUCHITRA KAMBLE (SUCHITRA KAMBLE (SUCHITRA KAMBLE (SUCHITRA KAMBLE ) )) ) ( (( ( G.D. AGRAWAL G.D. AGRAWAL G.D. AGRAWAL G.D. AGRAWAL ) )) ) JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER VICE VICE VICE VICE PRESIDENT PRESIDENT PRESIDENT PRESIDENT VK. COPY FORWARDED TO: - 1. APPELLANT : SHRI SUNIL GUPTA, B SHRI SUNIL GUPTA, B SHRI SUNIL GUPTA, B SHRI SUNIL GUPTA, B- -- -346, RAJENDRA NAGAR, 346, RAJENDRA NAGAR, 346, RAJENDRA NAGAR, 346, RAJENDRA NAGAR, BAREILLY. BAREILLY. BAREILLY. BAREILLY. 2. RESPONDENT : ASSISTANT CO ASSISTANT CO ASSISTANT CO ASSISTANT COMMISSIONER OF INCOME TAX, MMISSIONER OF INCOME TAX, MMISSIONER OF INCOME TAX, MMISSIONER OF INCOME TAX, CENTRAL CIRCLE CENTRAL CIRCLE CENTRAL CIRCLE CENTRAL CIRCLE- -- -16, NEW DELHI. 16, NEW DELHI. 16, NEW DELHI. 16, NEW DELHI. 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR