Rohini Educational Society, v. Asst. Director of Income Tax (E),

ITA 4425/DEL/2007 | 1997-1998
Pronouncement Date: 13-05-2010 | Result: Allowed

Appeal Details

RSA Number 442520114 RSA 2007
Bench Delhi
Appeal Number ITA 4425/DEL/2007
Duration Of Justice 2 year(s) 6 month(s) 6 day(s)
Appellant Rohini Educational Society,
Respondent Asst. Director of Income Tax (E),
Appeal Type Income Tax Appeal
Pronouncement Date 13-05-2010
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted F
Tribunal Order Date 13-05-2010
Date Of Final Hearing 13-05-2010
Next Hearing Date 13-05-2010
Assessment Year 1997-1998
Appeal Filed On 07-11-2007
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH `F: NEW DELHI BEFORE SHRI C.L.SETHI JM & SHRI K.G. BANSAL AM I.T. A. NO.4425/DEL OF 2007 ASSESSMENT YEAR: 1997-98 ROHINI EDUCATIONAL SOCIETY VS ASSTT. DIRECTOR INC OME-TAX (E) C-1/30 PRASHANT VIHAR INV.CIRCLE II NEW DELHI . NEW DELHI. APPELLANT RESPO NDENT APPELLANT BY: SHRI K. SAMPATH DEPARTMENT BY: SHRI H.K. LAL ORDER PER C.L. SETHI JM: THE ASSESSEE IS IN APPEAL AGAINST THE ORDER DATED 1 6.8.2007 PASSED BY THE LEARNED CIT(A) CONFIRMING THE PENALTY LEVIED BY THE AO U/S 271(1)(C) OF THE INCOME-TAX ACT 1961 (THE ACT) PERTAINING TO AS STT. YEAR 1997-98. 2. WE HAVE HEARD BOTH THE PARTIES AND HAVE PERUSED THE MATERIAL ON RECORD. 3. IN THE COURSE OF HEARING OF THIS APPEAL IT HAS BEEN POINTED OUT BY THE LEARNED COUNSEL FOR THE ASSESSEE SHRI K. SAMPATH T HAT THE ADDITIONS ON THE BASIS OF WHICH PENALTY HAS BEEN LEVIED BY THE AO HA S IN THE MEANTIME BEEN RESTORED TO THE FILE OF THE AO FOR HIS FRESH ADJUDI CATION VIDE ORDER DATED 9.4.2010 BY ITAT DELHI BENCH B NEW DELHI IN ITA NO.4462/DEL/2004 2 PERTAINING TO THE ASSESSMENT YEAR 1997-98 AND CONS EQUENTLY THE PENALTY ORDER DOES NOT SURVIVE AT THIS STAGE. 4. AFTER HEARING BOTH THE PARTIES AND CONSIDERING T HE AFORESAID ORDER OF THE TRIBUNAL WE ARE OF THE CONSIDERED VIEW THAT TH E PENALTY ORDER PASSED BY THE AO U/S 271(1)(C ) DOES NOT SURVIVE ANY MORE INA SMUCH AS THE ADDITIONS IN RESPECT OF WHICH THE PENALTY HAS BEEN LEVIED BY THE AO HAS BEEN RESTORED BACK TO THE FILE OF THE AO FOR HIS FRESH ADJUDICATI ON. WE THEREFORE CANCEL THE PENALTY ORDER PASSED BY THE AO AND SET ASIDE T HE ORDER OF CIT(A). 5. IN THE RESULT THE APPEAL FILED BY THE ASSESSEE IS ALLOWED IN THE MANNER AS INDICATED ABOVE. 6. THIS DECISION WAS PRONOUNCED IN THE OPEN COURT O N 13 TH MAY 2010 IMMEDIATELY AFTER THE HEARING WAS OVER. (K.G. BANSAL) (C.L . SETHI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 13 TH MAY 2010 VIJAY COPY TO: 1. APPELLANT. 2. RESPONDENT. 3. CIT 4. CIT(A)-XXI NEW DELHI 5. DR ASSISTANT REGISTRAR