OCL India Ltd. v. DCIT, Circle-19(1), New Delhi
[Citation -2019-LL-0916-24]
| Citation | 2019-LL-0916-24 |
|---|---|
| Appellant Name | OCL India Ltd. |
| Respondent Name | DCIT, Circle-19(1), New Delhi |
| Court | ITAT-Delhi |
| Relevant Act | Income-tax |
| Date of Order | 16/09/2019 |
| Assessment Year | 2008-09 |
| Judgment | View Judgment |
| Keyword Tags | admission of additional grounds of appeal • mechanical manner • non-application of mind • penalty order • furnishing inaccurate particulars of income |
| Bot Summary: | PAN- AAACO1354J Appellant by Sh. R.M. Mehta, Advocate Respondent by Ms. Rinku Singh, Sr. DR Date of Hearing 14.08.2019 Date of Pronouncement 16.09.2019 ORDER Per Dr. B.R.R. Kumar, Accountant Member: The present appeal has been filed by the assessee agai nst the order of the l d. CIT(A)-36, New Del hi dated 24.10.2016. The assessee sought to rai se and has fil ed peti ti on for admi ssi on of addi ti onal grounds of appeal whi ch are as under: The A.O. having issued the Not ice u/s. By the power vested to thi s Tribunal as held by the Hon ble Supreme Court in the case NTPC Vs CIT 229 ITR 383 regarding the jurisdiction to examine a question of law which arises from the facts as found by the authorities below and having a bearing on the tax liability of the assessee, the additional ground is hereby allowed. From the record, we fi nd that the Assessi ng Offi cer has sati sfi ed that the assessee has furni shed i naccurate parti cul ars of hi s i ncome and i ni ti ated penal ty proceedi ngs u/s 271(1)(c) of th e Act. Further, i n the penal ty order, the Assessi ng Offi cer has menti oned that the assessee has furni shed i naccurate parti cul ars of hi s i ncome whi ch i s l evying to tax. Si nce, the grounds have been rai sed by the assessee for the fi rst ti me before the Tri bunal , the revenue hasn t got the opportuni ty to adjudi cate on thi s i ssue. In the result, the appeal of the assessee is allowed for statistical purpose. |