Income Tax Appellate Tribunal - Delhi
Al Tabarak Frozen Foods P. Ltd., New ... vs Addl. Cit, Special Range, Ghaziabad on 24 September, 2018
IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH 'D', NEW DELHI
Before Sh. N. K. Saini, AM and Ms. Suchitra Kamble, JM
ITA No. 2354/Del/2018 : Asstt. Year : 2010-11
Al-Tabarak Frozen Foods P. Ltd., Vs Addl. Commissioner of Income
Lalit Kumar Sharma & Tax, Special Range,
Associates, F-223A, GF, Mangal Ghaziabad-201001
Bazar, Laxmi Nagar,
Delhi-110092
(APPELLANT) (RESPONDENT)
PAN No. AAECA8288M
Assessee by : Sh. Lalit Kumar Sharma, Adv.
Revenue by : Sh. Surender Pal, Sr. DR
Date of Hearing : 20.09.2018 Date of Pronouncement : 24.09.2018
ORDER
Per N. K. Saini, AM:
This is an appeal by the assessee against the order dated 15.12.2017 o f ld. CIT(A), Aligarh.
2. The only grievance of the assessee in this appeal relates to the confirmation of penalty of Rs.6,79,800/- levied by the AO u/s 271(1)(c) of the Income Tax Act, 1961.
3. During the course of hearing, the ld. Counsel for the assessee at the very outset stated that the quantum addition on the basis o f which the impugned penalty was levied by the AO and sustained b y the ld. CIT(A) has been set aside to the file of the AO by the ITAT Bench 'SMC', New Delhi in ITA No.2372/Del/2015 for the assessment year 2010-11 in assessee's own case vide order dated 20.06.2018 (copy of the said order was furnished which is placed 2 ITA No. 2354/Del/2018 Al Tabarak Frozen Foods P. Ltd.
on record). The aforesaid contention of the ld. Counsel for the assessee was not controverted by the ld. Sr. DR.
4. We have considered the sub missions of both the parties and perused the material available on the record. In the present case, it is an ad mitted fact that the quantum addition on the basis of which the impugned penalty was levied by the AO has been set aside by the ITAT Bench "SMC", New Delhi vide order dated 20.06.2018 in ITA No. 2372/Del/2015 for the assessment year 2010-11. Therefore, the impugned order is set aside and the matter is remanded back to the file of the AO to be decided after considering the outcome of the aforesaid referred to appeal.
5. In the result, the appeal of the assessee is allowed for statistical purposes.
(Order Pronounced in the Open Court on 24/09/2018) Sd/- Sd/-
(Suchitra Kamble) (N. K. Saini)
JUDICIAL MEMBER ACCOUNTANT MEMBER
Dated: 24/09/2018
*Subodh*
Copy forwarded to:
1. Appellant
2. Respondent
3. CIT
4. CIT(Appeals)
5.DR: ITAT
ASSISTANT REGISTRAR