Vishwanath Aggarwal, Delhi vs. The Addl. CIT, Central Range-05, Delhi
The appeals of the assessee are allowed and the penalty is deleted
ITA 618/DEL/2022[2013-14]Status: DisposedITAT Delhi26 Jul 2024AY 2013-14
Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharmaitas No.611 To 618/Del/2022 Assessment Years: 2010-11, 2012-13, 2011-12,2013-14, 2010-11, 2011-12, 2012-13 & 2013-14 Vishwanath Aggarwal, Vs Addl. Cit, House No.98, Block C-2, Range-05, Janakpuri, Delhi. New Delhi – 110 058. Pan: Abxpa4825B (Appellant) (Respondent) Assessee By : Shri Sudesh Garg, Advocate & Shri Prince Bansal, Ca Revenue By : Ms Sapna Bhatia, Cit-Dr Date Of Hearing : 04.07.2024 Date Of Pronouncement : .07.2024 Order Per Anubhav Sharma, Jm: These Are Appeals Preferred By The Assessee Against The Orders Of The Commissioner Of Income Tax (Appeals) (Hereinafter Referred To As Ld. First Appellate Authority Or ‘The Ld. Faa’ For Short) In Appeals Filed Before Him Against The Penalty Orders Of The Ld. Assessing Officer (Hereinafter Referred To As The Ld. Ao, For Short). Further Details Of The Penalty Orders Of The Lower Authorities Are As Under:-
For Appellant: Shri Sudesh Garg, Advocate &For Respondent: Ms Sapna Bhatia, CIT-DR
Section 132ASection 153ASection 269SSection 271DSection 271E
…enalty are quasi- criminal in nature. Reliance can be placed for this on Hon’ble Apex Court verdict in CIT v. Anwar Ali [1970] 76 ITR 696 and Anantharam Veerasingaiah & Co vs Commissioner Of Income 123 ITR 457, and further on CIT V/s. M Habibullah reported in 136 ITR 716 Allahabad. The same view was taken in the case of CIT V/s. Service Iron and Steel Rolling Mills reported in 178 43 ITAs No.611 to 618/Del/2022 ITR 589 P&H, CIT V/s. Sohanlal Savindersingh Jagadhri reported in 178 ITR 628 P&H, Hotel And Allied Trades P.Ltd V/s. CIT reported in 221 ITR 619 Kerala. Thus the onus is heavy on the Department to not o…