2019-VIL-971-ITAT-DEL

Income Tax Appellate Tribunal DELHI

M.A NO. 698/Del/2019 In I.T.A. No. 4818/DEL/2019

Date: 02.12.2019

ACIT, CENTRAL CIRCLE – 25, NEW DELHI.

Vs

M/s . SAVIOUR BUILDERS PVT. LTD.

For the Applicant : Ms. Nidhi Sharma, Sr. D.R.
For the Respondent : Dr. Shashwat Bajpai, Adv.

BENCH

Sh. R. K. Panda, Accountant Member And Ms Suchitra Kamble, Judicial Member

JUDGMENT

PER SUCHITRA KAMBLE, JM

This Miscellaneous Application is filed by the Revenue in respect of order dated 16.04.2019 passed by the Tribunal.

2. The Ld. DR submitted that the order of the Tribunal is not acceptable on merit by the Revenue as per the specific provision u/s 271AAA of the Income Tax Act thereby the assessee shall pay by way of penalty in addition to tax if any payable by him a sum of computed at a rate of 10% of the undisclosed income of the specified previous year. Since the assessee had already filed its original return u/s 139(1) before the search date, therefore, A.Y. 2010-11 is not a specified year as per the definition of section 271AAA of the Act. Therefore, the Ld. DR submitted that penalty u/s 271AAA of the Act is not applicable in A.Y. 2010-11 and levying penalty u/s 271(1)(c) of the Act would be rightly applicable in this case. Therefore, initiation of levying penalty u/s 271(1)(c) instead of 271AAA of the Act for A.Y. 2010-11 is a correct action taken by the Revenue. Therefore, the Ld. DR prayed that the order dated 16.04.2019 be set aside and the appeal be restored for fresh hearing on merit.

3. The Ld. AR submitted that the Revenue has filed appeal before the Hon’ble Delhi High Court being ITA No.847/2019 and the said appeal is admitted vide order dated 09.10.2019, therefore, this Misc. Application is a multiplicity of proceeding and becomes infructuous. Therefore, the Ld. AR submitted that this Misc. Application be dismissed.

4. We have heard both the parties and perused all the relevant materials available on record. It is pertinent to note that the Hon’ble Delhi High Court has admitted the appeal filed by the Revenue, on the same issue contested in the present Misc. Application filed by the Revenue. Therefore, the Misc. Application does not survive. Besides this reason, the Revenue is also seeking review of the order dated 16.04.2019 which is beyond the scope of Section 254 of Income Tax Act, 1961. There is no mistake apparent from the record.

Therefore, this Misc. Application is dismissed.

5. In the result, this Misc. Application filed by the Revenue is dismissed.

Order pronounced in the Open Court on the 2nd day of December, 2019.

 

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