JSD STEEL PVT. LTD. (EARLIER KNOWN AS CBS STEEL PVT. LTD.),NEW DELHI vs. ACIT, CIRCLE- 5(2), NEW DELHI

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ITA 4085/DEL/2017Status: DisposedITAT Delhi25 January 2021AY 2012-132 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the present appeal should be sent back to the CIT(A) to await the outcome of the pending quantum appeal. The CIT(A) is to take a view based on the decision in the quantum appeal.

What were the facts?

The assessee challenged a penalty order affirmed by the CIT(A). A coordinate bench of the ITAT had previously set aside the quantum appeal order and restored it to the CIT(A) for fresh disposal.

What were the issues?

Whether the penalty appeal should be decided independently or deferred pending the outcome of the quantum appeal. The impact of a pending quantum appeal on a penalty appeal.

AI-generated summary — verify with the full judgment below

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

Before: SHRI O.P. KANT & SHRI K.N. CHARY

For Appellant: Shri Sachit Kumar, CA
For Respondent: Ms. Amanpreet, Sr.DR
Hearing: 25.01.2021Pronounced: 25.01.2021

ORDER PER O.P. KANT, AM:

Challenging the order dated 31.01.2017 in Appeal No. 312/15-16 passed by Commissioner of Income-tax (Appeals)-2, New Delhi [learned CIT(A)] in the case of M/s. JSD Steel Pvt. Ltd. (assessee) for assessment year 2012-13, affirming the penalty imposed by the Assessing Officer, the assessee preferred this appeal.

2.

At the outset, it is brought to our notice by learned Authorized Representative that the quantum appeal in ITA No. 6193/Del./2016, dated 05.11.2019, a Coordinate Bench of this Tribunal set aside the order of the learned CIT(A) and restored the same to his file for fresh disposal; the said matter is pending before the learned CIT(A).

3.

Learned DR does not dispute this factual submission made by the learned AR.

4.

In these circumstances, we are of the considered opinion that the matter is to be sent back to the file of the learned CIT(A) to take a view depending upon the outcome in the quantum appeal yet to be decided by him. We order so.

5.

In the result, the appeal of the assessee is allowed for statistical purposes. The above order is pronounced in the Open Court immediately after hearing over Virtual Court is complete on this day of 25th January, 2021.

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