LENZING POLYPACKS LTD.,NEW DELHI vs. ITO, WARD-15(2), NEW DELHI
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Income Tax Appellate Tribunal, DELHI BENCH “E”: NEW DELHI
Before: SHRI SHAMIM YAHYA & SHRI NARENDER KUMAR CHOUDHRY
1 ITA no. 3517/Del/2019
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “E”: NEW DELHI
BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI NARENDER KUMAR CHOUDHRY, JUDICIAL MEMBER
ITA No. 3517/Del/2019 [Assessment Year: 2006-07]
M/s Lenzing Polypacks Ltd., Vs Income Tax Officer, 26, Sadhna Enclave, Ward-15(2), New Delhi. New Delhi-110017
PAN:AAACL1675M
APPELLANT RESPONDENT
Assessee represented by: None Department represented by: Sh. Jeetender Chand, Sr. DR Date of hearing 29.12.2022 Date of pronouncement 30.12.2022
O R D E R PER N.K.CHOUDHRY, JM:
The Assessee has preferred the instant appeal against the order dated
15.02.2019 passed by the Ld. Commissioner of Income-tax (Appeals)-5,
New Delhi, (in short “Ld. Commissioner”), pertaining to the assessment year
2009-10.
In the instant case vide assessment order dated 13.03.2014 passed
u/s 143(3)/148 of the Income-tax Act, 1961 (in short “the Act”), additions of
2 ITA no. 3517/Del/2019
Rs. 90,00,000/- on account of accommodation entries and Rs. 1,80,000/- on
account of commission paid by the Assessee have been made. The Assessing
officer also initiated penalty proceedings u/s 271(1)(c) of the Act and vide
order dated 22.09.2017 levied the penalty to the tune of Rs. 30,89,988/- on
the income of Rs. 91,80,000/- sought to be evaded.
The Assessee being aggrieved, challenged the penalty order before the
learned Commissioner, who vide order dated 15.02.2019 affirmed the
penalty levied u/s 271(1)(c) of the Act, against which the Assessee is in
appeal before us.
None appeared on behalf of the Assessee, inspite of sending notice for
the date of hearing on 29.12.2022. Therefore, we deem it appropriate to
decide this appeal as ex parte.
At the outset the Ld. DR fairly submitted that the Tribunal in quantum
appeal ITA no. 1832/Del/2016 decided on 13.11.2019, for the assessment
year in question itself, set aside the addition on the basis of which penalty
was levied and restored the issue concerning the addition referred to above
to the file of the Assessing officer, with a direction to decide the issue afresh
in accordance with law, after giving due opportunity of being heard to the
Assessee.
3 ITA no. 3517/Del/2019
Considering the peculiar facts and circumstances, the issue qua levy of
penalty is also remanded to the file of the Assessing Officer for decision
afresh, suffice to say by providing reasonable opportunity of being heard to
the Assessee.
In the result, appeal filed by the Assessee stands allowed for statistical
purposes.
Order pronounced in open court on 30.12.2022.
Sd/- Sd/- (SHAMIM YAHYA) (N.K.CHOUDHRY) ACCOUNTANT MEMBER JUDICIAL MEMBER *MP* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI
