M/s. Saviour Builders Pvt. Ltd., New Delhi V. ACIT, New Delhi

MA 698/DEL/2019

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 3509 (ITAT-DELHI)
• Duration Of Justice: 3 month(s) 13 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 02-12-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2010-2011
• Appeal Filed On: 20-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: DR SHASHWAT BAJPAI
• Assessee Lawyers: NIDHI SHARMA
• Keywords: Set aside
• Section: 271(1)(c); 139(1)

Judgement Text

1 M.A NO. 698/DEL/2019 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: G NEW DELHI BEFORE SH. R. K. PANDA, ACCOUNTANT MEMB ER AND MS SUCHITRA KAMBLE, JUDI CIAL MEMBER M.A NO. 6 98/DEL/2019 IN ( I.T.A. NO. 4818/DEL/2 019 A.Y 2010-11) ACIT, CENTRAL CIRCLE 25, NEW DELHI. (APPLICANT) VS M/S. SAVIOUR BUILDERS PVT. LTD., BB-150, NEAR CHOTI SABJI MANDI, JANAKPURI, NEW DELHI. (AALCS 4258 C) (RESPONDENT) APPLICANT BY MS. NIDHI SHARMA, SR. D.R. RESPONDENT BY DR. SHASHWAT BAJPAI, ADV. ORDER PER SUCHITRA KAMBLE, JM THIS MISCELLANEOUS APPLICATION IS FILED BY THE REVE NUE IN RESPECT OF ORDER DATED 16.04.2019 PASSED BY THE TRIBUNAL. 2. THE LD. DR SUBMITTED THAT THE ORDER OF THE TRIBU NAL IS NOT ACCEPTABLE ON MERIT BY THE REVENUE AS PER THE SPECIFIC PROVISION U/S 271AAA OF THE INCOME TAX ACT THEREBY THE ASSESSEE SHALL PAY BY WAY OF PE NALTY IN ADDITION TO TAX IF ANY PAYABLE BY HIM A SUM OF COMPUTED AT A RATE OF 1 0% OF THE UNDISCLOSED DATE OF HEARING 29.11.2019 DATE OF PRONOUNCEMENT 02.12.2019 2 M.A NO. 698/DEL/2019 INCOME OF THE SPECIFIED PREVIOUS YEAR. SINCE THE AS SESSEE HAD ALREADY FILED ITS ORIGINAL RETURN U/S 139(1) BEFORE THE SEARCH DATE, THEREFORE, A.Y. 2010-11 IS NOT A SPECIFIED YEAR AS PER THE DEFINITION OF SECTION 2 71AAA OF THE ACT. THEREFORE, THE LD. DR SUBMITTED THAT PENALTY U/S 271AAA OF THE ACT IS NOT APPLICABLE IN A.Y. 2010-11 AND LEVYING PENALTY U/S 271(1)(C) OF T HE ACT WOULD BE RIGHTLY APPLICABLE IN THIS CASE. THEREFORE, INITIATION OF L EVYING PENALTY U/S 271(1)(C) INSTEAD OF 271AAA OF THE ACT FOR A.Y. 2010-11 IS A CORRECT ACTION TAKEN BY THE REVENUE. THEREFORE, THE LD. DR PRAYED THAT THE ORDE R DATED 16.04.2019 BE SET ASIDE AND THE APPEAL BE RESTORED FOR FRESH HEARING ON MERIT. 3. THE LD. AR SUBMITTED THAT THE REVENUE HAS FILED APPEAL BEFORE THE HONBLE DELHI HIGH COURT BEING ITA NO.847/2019 AND THE SAID APPEAL IS ADMITTED VIDE ORDER DATED 09.10.2019, THEREFORE, TH IS MISC. APPLICATION IS A MULTIPLICITY OF PROCEEDING AND BECOMES INFRUCTUOUS. THEREFORE, THE LD. AR SUBMITTED THAT THIS MISC. APPLICATION BE DISMISSED. 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED ALL T HE RELEVANT MATERIALS AVAILABLE ON RECORD. IT IS PERTINENT TO NOTE THAT T HE HONBLE DELHI HIGH COURT HAS ADMITTED THE APPEAL FILED BY THE REVENUE, ON TH E SAME ISSUE CONTESTED IN THE PRESENT MISC. APPLICATION FILED BY THE REVENUE. THEREFORE, THE MISC. APPLICATION DOES NOT SURVIVE. BESIDES THIS REASON, THE REVENUE IS ALSO SEEKING REVIEW OF THE ORDER DATED 16.04.2019 WHICH IS BEYON D THE SCOPE OF SECTION 254 OF INCOME TAX ACT, 1961. THERE IS NO MISTAKE APPARE NT FROM THE RECORD. THEREFORE, THIS MISC. APPLICATION IS DISMISSED. 3 M.A NO. 698/DEL/2019 5. IN THE RESULT, THIS MISC. APPLICATION FILED BY T HE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE 2 ND DAY OF DECEMBER, 2019 . SD/- SD/- (R. K. PANDA) (SUCHITRA KAMBLE) ACCOUNTANT MEMBER JUDICIAL MEM BER DATED: 02/12/2019 PRITI YADAV, SR. PS * COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI