IN THE INCOME TAX APPELLATE TRIBUNAL
                         DELHI BENCHES : "H" NEW DELHI

                    BEFORE SHRI G.C. GUPTA, VICE PRESIDENT
               AND SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER

                                  ITA No: 2402/Del/2012
                                   Asstt. Year : - 2003-04

                ACIT             vs. Thyssen Krupp Elevator (India) Pvt. Ltd.
                Circle -16(1)        (Formerly Thyssen Krupp ECE Elevator Pvt.Ltd.)
                New Delhi.            Plot No. 330, Functional Industrial Estate,
                                     Patparganj, New Delhi ­ 110 092
                                     (PAN AABCT6921F)

                 (Appellant)                           (Respondent)

                        Appellant by     : Shri J.P. Chandrekar,Sr. DR
                        Respondent by    :Shri Raman Bhatia, Advocate

                       Date of Hearing      : 29.7.2015
                 Date of pronouncement      : 11.8. 2015

                                ORDER

PER G.C. GUPTA, VICE PRESIDENT

      This appeal by the revenue for the assessment year 2003-04 is directed

against the order of the CIT(A). The only ground of appeal of the revenue is as

under :-







      "On the facts and in the circumstances of the case and in law the learned
      CIT(A) erred deleting penalty of Rs. 89,90,226/- imposed u/s 271(1)(c) of the
      I.T. Act, 1961."
2.         Ld. Counsel for the assessee submitted that the addition made in the

assessment case of the assessee for the relevant assessment year 2003-04 has been

deleted in appeal by the Tribunal in ITA Nos. 153,154/Del/2008 dated 29.8.2014.

Therefore, there remains no basis in imposition of penalty u/s 271(1)(c) of the Act.

The Ld. DR has relied on order of the AO.
                                                               ITA No.2402/Del/2012
                                                    ACIT vs. Thyssen Krupp Elevator (India)




3.        We have considered the rival submissions and have perused the order of the

AO and CIT(A). In the quantum appeal of the assessee the very additions made in

the case of the assessee for the relevant assessment year 2003-04 has been deleted

by the Tribunal vide its order dated 29.8.2014 (supra), we hold that there remains

no basis for imposition of penalty u/s 271(1)(c) of the Act and accordingly the

ground of appeal of the revenue is dismissed.







4.     In the result, the appeal filed by the revenue is dismissed.


      Order pronounced in the open court on 11.8. 2015.

                     sd/-                                       sd/-

       (J. SUDHAKAR REDDY)                           (G.C. GUPTA)
      ACCOUNTANT MEMBER                             VICE PRESIDENT


Dated: the 11.8.2015
`veena'

Copy of the Order forwarded to:

1.    Appellant
2.    Respondent
3.    CIT
4.    CIT(A)
5.    DR
6.    Guard File                             By order
                                                        Dy. Registrar

Sl.                    Description                       Date
No.

 1.   Date of dictation by the Author               29.7.2015

 2.   Draft placed before the Dictating Member      30.7.2015




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                                                             ITA No.2402/Del/2012
                                                  ACIT vs. Thyssen Krupp Elevator (India)

3.   Draft placed before the Second Member

4.   Draft approved by the Second Member

5.   Date of approved order comes to the Sr. PS

6.   Date of pronouncement of order

7.   Date of file sent to the Bench Clerk

8.   Date on which file goes to the Head Clerk

9.   Date of dispatch of order




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