Loading judgment…
No AI summary yet for this case.
Income Tax Appellate Tribunal, DELHI BENCH ‘D’, NEW DELHI
Before: Shri I.C.Sudhir & Shri L.P.Sahu
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘D’, NEW DELHI Before Shri I.C.Sudhir, Judicial Member And Shri L.P.Sahu, Accountant Member DCIT Vs Jat Education Society Rohtak Circle Delhi Road Rohtak Rohtak (APPELLANT) (RESPONDENT) PAN No. AAAJJ0176A Assessee by : Sh. Piyush K. Kamal, Adv. Revenue by : Sh. Shryan Gotru , Sr. DR Date of Hearing : 23/02/2016 Date of Pronouncement : 24.02.2016 ORDER Per I.C.Sudhir, JM:
The revenue has questioned action of the ld. CIT(A) whereby he has deleted the penalty of Rs. 28,56,525/- levied u/s 271(1)(c) of the Act.
Heard and considered the arguments advanced by the party.
Having gone through the orders of the authorities below, we find that the ld. CIT(A) has deleted the penalty in question on two counts. Firstly, the addition which remained subject matter of the penalty in question has already been deleted by the Tribunal by holding that the assessee was eligible for the claimed exemption u/s 10(23c) of the Act and .Del.2014 2 Jat Education Society secondly that the assessee had disclosed the entire income and the facts before the AO and the addition was made by disallowing the exemption claimed under the above said provisions of the Act (which has now been allowed by the ITAT vide order dated 19.4.2013 in ITA No. 2543.Del.2011). We thus do not find infirmity in the first appellate order. The same is upheld. The ground is accordingly rejected.
In the result appeal of the revenue is dismissed. (Order Pronounced in the Court on 24/02/2016)
Sd/- Sd/- (L.P.Sahu) (I.C.Sudhir) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 24 /02/2015 *Binita* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5.DR: ITAT ASSISTANT REGISTRAR .Del.2014 3 Jat Education Society
Date Initial 1. Draft dictated on 23/02/2016 2. Draft placed before author 23/02/2016 3. Draft proposed & placed before the second member 4. Draft discussed/approved by Second Member. 5. Approved Draft comes to the Sr.PS/PS 6. Kept for pronouncement on 7. File sent to the Bench Clerk 8. Date on which file goes to the AR 9. Date on which file goes to the Head Clerk. 10. Date of dispatch of Order.