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Income Tax Appellate Tribunal, DELHI BENCH “ E”: NEW DELHI
INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “ E”: NEW DELHI BEFORE SHRI H.S.SIDHU, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER (Assessment Year: 2005-06) ITO, Omniglobe Information Ward-13(4), Room No.219, Technologies (India) Pvt. Vs. C.R.Building, Ltd, E-11, Rajouri Garden, New Delhi Delhi PAN:AAACO6606M (Assessee) (Revenue) Assessee by : Sh. Neeraj Jain, CA Revenue by : Sh.P. Dam Kanunjna, Sr. DR Date of Hearing 24.11.2015 Date of pronouncement 23.12.2015 O R D E R PER PRASHANT MAHARISHI, A. M.
The present appeal preferred by the revenue against the order of the ld CIT(A)-XVI, Delhi dated 22.03.2013, deleting the penalty of Rs.21,68,037/- u/s 271(1)(c) of the Income Tax-act, 1961, imposed by the Assessing Officer for furnishing inaccurate particulars by the assessee company. The only issues in appeal of the revenue covered in two grounds of appeal
is that the learned Commissioner of Income-tax (Appeals) has erred in law and on facts in deleting the penalty u/s 271(1)(c) of the Act amounting to Rs.21,68,037/- for furnishing particulars of the assessee company. Though, Hon’ble ITAT has sustained the quantum of addition taken for claiming expenses which the company was not entitled.
2. The brief facts of the case are that the assessee company has claimed expenses of Rs.59,24,809/- pertaining for April and May 2004. The ld Assessing Officer disallowed this expenses by holding that no services were generated or provided during the month of April and May 2004 and the expenses are relating to recruitment of employees and their training. Therefore, the