DCIT CENTRAL CIRCLE-08, NEW DELHI vs. BECON CONSTRUCTIONS PVT. LTD., NEW DELHI

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ITA 3250/DEL/2019Status: DisposedITAT Delhi28 February 2023AY 2012-132 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the penalty was wrongly levied under Section 271(1)(c) instead of Section 271AAA. Therefore, the penalty was liable to be dismissed.

What were the facts?

The Revenue appealed against the CIT(A)'s deletion of a penalty levied under Section 271(1)(c) for the assessment year 2012-13. The penalty was related to an addition made on account of bogus purchases.

What were the issues?

Whether the penalty for furnishing inaccurate particulars of income was correctly levied under Section 271(1)(c) or if Section 271AAA was the applicable provision.

Which sections of the Income-tax Act were involved?

Section 271(1)(c),Section 271AAA

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHIBENCH ‘A’, NEW DELHI

Before: Dr. B. R. R. KumarSh. Yogesh Kumar US

Hearing: 28.02.2023Pronounced: 28.02.2023

Per Dr. B. R. R. Kumar, Accountant Member:

1.

The present appeal has been filed by the revenue against the order of the ld CIT(A)-24, New Delhi dated 25.07.2016 for Assessment Year 2012-13.

2.

The revenue has raised the following grounds of appeal:- “1. The order of the ld CIT(A) is not correct in law and facts.

2. On the facts and in the circumstances of the case, the CIT(A) has erred in deleting the penalty of Rs. 79,16,580/- levied u/s 271(1)(c) on account of furnishing inaccurate particulars of income without even rebutting the findings of the AO and ignoring the fact that penalty u/s 271(1)(c) was levied by the AO after duly analyzing the fact that addition of Rs. 2,44,00,000/- was made on account of bogus purchases and the same has been Becon Constructions Pvt. Ltd upheld by the ld CIT(A) while deciding quantum appeal of the assessee.”

2. The penalty has been levied u/s 271(1)(c) of the Act instead of Section 271AAA and hence the same is liable to be dismissed.

3.

In the result, the appeal of the revenue is dismissed. Order Pronounced in the Open Court on 28/02/2023.

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