DCIT, NEW DELHI vs. M/S. SVP BUILDERS (INDIA) LTD., GHAZIABAD

The impugned orders have been challenged by the Revenue on the following solitary ground, which is common in all these appeals barring the amounts of penalties imposed. The ground raised in appeal for A.Y. 2003-04 reads as under :

We have heard both the parties and have gone through the entire material available on record. At the inception of hearing, the ld. AR of the assessee inviting our attention to a consolidated order dated 29th April, 2014 (copy placed on record) passed by ITAT Delhi Benches, New Delhi in quantum appeals of the assessee for the captioned assessment years, submitted that the additions, on the basis of which the impugned penalties have been imposed, stand deleted. He also invited our attention to the decision of Hon’ble jurisdictional High Court dated 15.12.2015(copy placed on record), whereby the appeals filed by the Revenue against the aforesaid order of the Tribunal stood dismissed. The learned Departmental representative fairly conceded that the additions giving rise to the present penalties stood deleted by the Tribunal order (supra) which stood confirmed by the Hon’ble High Court. In presence of all these facts, we are of the opinion, that once the additions, on ITA No. 5324 to 5329/Del./2014 3 the basis of which the impugned penalties have been imposed in the instant cases, have been deleted in quantum appeals, the very basis of imposition of penalties stood collapsed. We, therefore, are not inclined to interfere with the orders of the ld. CIT(A) who has deleted the impugned penalties after considering the order of the Tribunal, deleting the corresponding additions, as noted above. In view of this matter, the appeals of the Revenue are found bereft of merits and are, accordingly, liable to fail.

In the result, all these six appeals of the Revenue are dismissed.