ITO WARD - 14(3), NEW DELHI vs. KESHA APPLIANCES PVT LTD, NEW DELHI

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ITA 1460/DEL/2020Status: DisposedITAT Delhi09 November 2022AY 2012-132 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the Revenue's appeal before the High Court was dismissed due to low tax effect. Consequently, the grounds raised by the Revenue were found to be without substance.

What were the facts?

The Revenue appealed against a penalty order after the quantum assessment order was set aside by the Tribunal. The Revenue argued that the issue was still alive as an appeal against the Tribunal's order was pending before the High Court.

What were the issues?

Whether the penalty proceedings were maintainable when the quantum assessment order was set aside and the Revenue's subsequent appeal was dismissed by the High Court.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘C’ : NEW DELHI

Before: SH. ANIL CHATURVEDI & SH. ANUBHAV SHARMA

For Appellant: Ms. Anjali Jain Adv
For Respondent: Shri Anuj Garg, Sr. DR
Hearing: 03.11.2022Pronounced: 09.11.2022

ORDER Per Anubhav Sharma, JM :

The appeal has been filed by the Revenue against order dated 31/01/2020 in appeal no. Del/CIT(A)-5/0294/2017-18 New Delhi for assessment year 2012- 13 passed by Commissioner of Income Tax (Appeal)-5, New Delhi (hereinafter referred to as the First Appellate Authority or in short ‘Ld. F.A.A.’) in regard to the appeal before it arising out of assessment order dated 8/3/2018 u/s 271(1) (c) of the Income Tax Act, 1961 passed by ITO Ward 14(3), New Delhi (hereinafter referred to as the Assessing Officer or ‘AO’).

Heard and perused the record.

1460/Del/2020 ITO v Kesha Appliances. 2 The Ld. CIT(A) had allowed the appeal of the assessee against the penalty order as the Quantum order was set aside by the Tribunal.

The ground raised is that issue was alive as appeal against the order of Tribunal was pending before the High Court and which was not considered by the Ld. CIT(A).

A copy of order dated 17/11/20 in ITA 1096/2018 & CM Appl. 5016/2019 of Hon’ble Delhi High Court has been placed on record by the Ld AR, which shows that the appeal of revenue was dismissed due to low tax effect.

That being the admitted situation there is no substance left in the grounds as raised.

The appeal of Revenue is dismissed. Order pronounced in the open court on 09th November, 2022.

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