Need Tally
for Clients?

Contact Us! Here

  Tally Auditor

License (Renewal)
  Tally Gold

License Renewal

  Tally Silver

License Renewal
  Tally Silver

New Licence
  Tally Gold

New Licence
 
Open DEMAT Account with in 24 Hrs and start investing now!
« From the Courts »
Open DEMAT Account in 24 hrs
 Karnataka High Court restrains Bengaluru-based Institute of Chartered Tax Practitioners India from enrolling candidates for its courses
 Attachment on Cash Credit of Assessee under GST Act: Delhi HC directs Bank to Comply Instructions to Vacate
 Income Tax Addition Made Towards Unsubstantiated Share Capital Is Eligible For Section 80-IC Deduction: Delhi High Court
 Inordinate delay in income tax appeal hearings
 Income Tax leviable on Tuition Fee in the Year of Rendering of Services: ITAT
 Supreme Court invoked its power under Article 142 of Constitution to validate notices issued under section 148 as notices issued under section 148A. However the same shall be subject to amended provisions of section 149.
 ITAT refuses to stay tax demand on former owner of Raw Pressery brand
 Bombay HC sets aside rejection of refund claims by GST authorities
 [Income Tax Act] Faceless Assessment Scheme does not take away right to personal hearing: Delhi High Court
 Rajasthan High Court directs GST Authority to Unblock Input Tax Credit availed in Electronic Credit Ledger
 Sebi-taxman fight over service tax dues reaches Supreme Court

Shri Rajesh Aggarwal, C-17, Satyawati Colony, 17, Satyawati Colony, 17, Satyawati Colony, Ashok Vihar, Ashok Vihar, hok Vihar, Phase-III, New Delhi. New Delhi.Vs. Assistant Commissioner of Income Tax, Income Tax, Circle- Circle-19(1), New Delhi.
November, 21st 2015
              IN THE INCOME TAX APPELLATE TRIBUNAL
                                `F' : NEW DELHI
                    DELHI BENCH `F

          BEFORE SHRI G.D. AGRAWAL, VICE PRESIDENT AND
                           SRIVASTAVA, JUDICIAL MEMBER
          SHRI SUDHANSHU SRIVASTAVA,

                            No.3109/Del/2013
                        ITA No.
                                        2001-02
                      Assessment Year : 2001-


Shri Rajesh Aggarwal,          Vs.    Assistant Commissioner of
C-17, Satyawati Colony,               Income Tax,
Ashok
Ashok Vihar,                          Circle-19(1),
                                      Circle-
Phase-
Phase-III,                            New Delhi.
New Delhi.
PAN : ACWPA0153C.
     (Appellant)                          (Respondent)

            Appellant by       :     None.
            Respondent by      :     Ms. Rakhi Vimal, Senior DR.

     Date of hearing           :     19.11.2015
     Date of pronouncement     :     20.11.2015

                                ORDER

PER G.D. AGRAWAL, VP :-
     This appeal by the assessee for the assessment year 2001-02 is
directed against the order of learned CIT(A)-XXII, New Delhi dated 31st
December, 2012.







2.   At the time of hearing, none appeared on behalf of the assessee-
appellant. Therefore, the appeal of the assessee is being disposed of
ex-parte qua the assessee-appellant on merits after hearing the
arguments of learned DR.


3.   The only ground raised by the assessee is against the levy of
penalty u/s 271(1)(c) of the Income-tax Act, 1961 at `20,94,574/-. The
assessee has filed a written submission pointing out that this addition
has been deleted by the ITAT in the quantum proceedings vide ITA
No.151/Del/2010.
                                     2                         ITA-3109/Del/2013




4.     We have considered the submissions of the learned DR and have
perused the relevant material placed before us.         We find that the
penalty u/s 271(1)(c) of the Act has been levied in pursuance to the
assessment order dated 24th November, 2008 passed u/s 143(3)/148.
However, in the quantum appeal, the ITAT quashed the reopening of
assessment u/s 148 and consequentially, the assessment order passed
in pursuance thereto was also quashed vide ITA No.151/Del/2010,
order dated 19th August, 2015. Since the assessment order itself has
been quashed, the addition made therein cannot survive and
consequently, the penalty based upon such addition cannot be
sustained. Accordingly, the same is cancelled.







5.     In the result, the appeal of the assessee is allowed.
       Decision pronounced in the open Court on 20.11.2015.


             Sd/-                                       Sd/-
                  SRIVASTAVA)
      (SUDHANSHU SRIVASTAVA)                               AGRAWAL)
                                                     (G.D. AGRAWAL)
         JUDICIAL MEMBER                             VICE PRESIDENT

VK.

Copy forwarded to: -

1.     Appellant    : Shri Rajesh Aggarwal,
                      C-17, Satyawati Colony, Ashok Vihar,
                      Phase-
                      Phase-III, New Delhi.

2.     Respondent : Assistant Commissioner of Income Tax,
                    Circle-
                    Circle-19(1), New Delhi.
3.     CIT
4.     CIT(A)
5.     DR, ITAT

                               Assistant Registrar

Home | About Us | Terms and Conditions | Contact Us
Copyright 2025 CAinINDIA All Right Reserved.
Designed and Developed by Ritz Consulting