9911796707
TMI Blog2019 (6) TMI 398X X X X Extracts X X X X X X X X Extracts X X X X ..... the file of the AO for do novo consideration, after giving adequate opportunity of being heard to the assessee and also consider all the documents/evidences filed by the assessee and then pass a speaking order. - Decided in favour of assessee for statistical purposes. - ITA No. 4587/Del/2016 AND ITA NOS. 592 & 593/DEL/2017 - - - Dated:- 6-6-2019 - Shri H. S. Sidhu, Judicial Member And Shri B.R.R. Kumar, Accountant Member For the Assessee : Sh. Mayank Patawari, ACA For the Revenue : Sh. Surender Pal, Sr. DR. ORDER PER H.S. SIDHU, JM These appeals are filed by assessee against the respective Orders passed by the Ld. CIT(A)-7, New Delhi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. 7. That above grounds are independent of one another and the appellant craves the leave to add, modify, amend or delete any of the grounds of the appeal at the time of hearing. Prayer:- In view of the facts and circumstances of the case, the appellant prays that the order of the Ld. CIT(A) dismissing the appeal may kindly be set aside and the penalty imposed be deleted or any other relief, which this Hon ble Court deems fit and proper, be given. 3. The grounds raised in Penalty Appeal being ITA No. 592/Del/2017 (AY 2006-07) read as under:- 1. That the order of the Ld. CIT(A) is bad in law and is against the facts and circumstances of the case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lete any of the grounds of the appeal at the time of hearing. Prayer:- In view of the facts and circumstances of the case, the appellant prays that the order of the Ld. CIT(A) dismissing the appeal may kindly be set aside and the penalty imposed be deleted or any other relief, which this Hon ble Court deems fit and proper, be given. 5. Facts narrated by the revenue authorities are not disputed by both the parties, hence, the same are not repeated here for the sake of brevity. 6. During the hearing, Ld. Counsel for the assessee has stated that Ld. CIT(A) has erred in not quashing the assessment for being without jurisdiction as the initial notice u/s. 143(2) of the Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpany for year; copy of statement of Birla Mutual Fund; copy of bank statement of IDBI Bank for the relevant period reflecting the entry of investment in Mutual Fund and Source of Investment; copy of reply dated 24.6.2016 stating the reasons to condone the delay in appeal filing; copy rejoinder dated 21.12.2015 to remand report 4.11.2015; copy of remand report dated 4.11.2015, received by CIT(A); copy of assessment order enclosed with speed post list as Annexure-1; copy of rejoinder dated 8.10.2015 to remand report dated 13.7.2015; copy of submission dated 25.9.2014 before the CIT(A); copy of letter dated 7.4.2014 requesting for certified copies of all notices and orders; copy of letter dated 4.3.2011 for transfer of income tax records; cop ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee is directed to fully cooperate with the Assessing Officer in the proceedings and did not take any unnecessary adjournment in the proceedings. In the result, the quantum appeal of the assessee is allowed for statistical purposes. 9. As regards penalty appeals i.e. ITA No. 592/Del/2017 (AY 2006- 07) and ITA no. 593/Del/2017 (AY 2007-08) grounds of which are reproduced in para no. 3 4 of this order, are concerned, since we have remitted back the issues in dispute to the file of the AO for do novo consideration in respect of quantum appeal being ITA No. 4587/Del/2016 (AY 2006-07), as aforesaid, therefore, the penalties in question involved in ITA No. 592/Del/2017 (AY 2006-07) and ITA no. 593/Del/2017 (AY 2007-08) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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