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Income Tax Appellate Tribunal - Delhi

Acit Central Circle-14, New Delhi vs Kartikeya Buildcon Pvt Ltd, New Delhi on 13 September, 2023

             IN THE INCOME TAX APPELLATE TRIBUNAL
                  DELHI BENCH 'C': NEW DELHI
                        BEFORE,
        SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER
                          AND
          SHRI YOGESH KUMAR U.S., JUDICIAL MEMBER
                      ITA No.1435/Del/2020
                    (ASSESSMENT YEAR 2008-09)

     ACIT                               Kartikeya Buildcon Pvt.
     Central Circle-14                  Ltd.
     New Delhi                    Vs.   Room No.266, 2 n d Floor
                                        Jhandewalan Extn.
                                        New Delhi-110 055
                                        PAN-AACCK 6106C
     (Appellant)                                   (Respondent)

          Appellant by       Mr. Waseem Arshad, CIT-DR
          Respondent by      Ms. Monika Agarwal, Advocate
          Date of Hearing                        04/09/2023
          Date of Pronouncement                   13/09/2023

                               ORDER
PER YOGESH KUMAR U.S., JM:

This appeal by Revenue filed against the order of Learned Commissioner of Income Tax (Appeals)-26, New Delhi ["Ld. CIT(A)", for short], dated 30/01/2020 for Assessment Year 2008-09.

2. The Ld. Counsel for the assessee submitted that the Co-ordinate Bench of the Tribunal vide order dated 08.02.2023, allowed the quantum appeal filed by the assessee in ITA No.1164/Del/2018 for AY 2008-09 and placing the same on record submitted that in view of annulling the Page 1 of 3 ITA No.1435/Del/2020 ACIT vs. Kartikeya Buildcon Pvt. Ltd.

assessment order in the quantum appeal filed by the Revenue deserves to be dismissed, the said submission made by the Assessee's Representative has not been disputed by the Ld. Departmental Representative.

3. In view of the fact that the addition has been deleted by the Tribunal in ITA No.1164/Del/2018 for AY 2008-09 vide order dated 08.02.2023, the present Appeal filed by the Revenue challenging the deletion of the penalty by the CIT(A) is hereby dismissed.

4. In the result, the appeal filed by the assessee is allowed. Order pronounced in open Court on 13th September, 2023.

          Sd/-                                                    Sd/-

 (PRADIP KUMAR KEDIA)                        (YOGESH KUMAR U.S.)
  ACCOUNTANT MEMBER                            JUDICIAL MEMBER
Dated:        13/09/2023
Pk/R.N, Sr ps
Copy forwarded to:
  1. Appellant
  2. Respondent
  3. CIT
  4. CIT(Appeals)
  5. DR: ITAT

                                                   ASSISTANT REGISTRAR
                                                        ITAT, NEW DELHI




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               ITA No.1435/Del/2020

ACIT vs. Kartikeya Buildcon Pvt. Ltd.

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