Loading judgment…
No AI summary yet for this case.
Income Tax Appellate Tribunal, DELHI BENCHES ‘Friday’, NEW DELHI
Before: Ms. Sushma ChowlaDr. B. R. R. Kumar
Per Dr. B.R.R. Kumar, Accountant Member:
The present appeal has been filed by the assessee against the order of ld. CIT (A)-28, New Delhi dated 29.03.2019.
Following relevant grounds have been raised by the assessee: “1 Because, order of Id. lower Id. CIT(A) is bad in law and against the facts and circumstances of the case.
2 Because, the learned lower authority erred in sustaining penalty without appreciating that penalty is initiated without specifying the specific limb in which assessee is presumed to be defaulted which is against the law laid down in case of Manjunath Cotton and Ginning Factory (2013) 359 ITR 565(Karnataka) and approved by hon'ble Apex Court in case of SSA's EMRALD MEADOWS.”
Vatsal Hotels Pvt. Ltd. 3. Heard the arguments of both the parties and perused the material available on record.
The quantum appeal in the instant case stands decided by the Co-ordinate Bench of ITAT in ITA No. 7696/Del./2018 remanded the matter back to the file of the Assessing Officer to adjudicate on the core issue after affording opportunity to the assessee. Hence, at this juncture, the penalty levied by the Assessing Officer does not survive. Keeping in view, the order of the Tribunal in the quantum proceedings, the penalty order is also hereby remanded back to the file of the Assessing Officer to alter/modify/amend/vary depending upon the outcome in the quantum proceedings.
In the result, the appeal of the assessee is allowed statistical purpose. Order Pronounced in the Open Court on 04/02/2020.