DY. COMMISSIONER OF INCOME TAX, CC-4(2), CENTRAL RANGE-4, MUMBAI vs. M/S KNIGHT RIDERS SPORTS PVT LTD, MUMBAI

ITA 1536/MUM/2023Status: DisposedITAT Mumbai25 July 2023AY 2011-125 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that penalty proceedings cannot survive if the additions on which they are based are deleted in the quantum appeal. The decision of the coordinate bench in the quantum appeal is binding until a Special Bench decision is pronounced.

What were the facts?

The revenue appealed against the deletion of penalties levied under section 271(1)(c) by the CIT(A) for AYs 2011-12 and 2012-13. The penalties were based on additions made during assessment, which were later deleted or remitted by higher authorities.

What were the issues?

Whether penalty under section 271(1)(c) can be sustained when the additions leading to the penalty have been deleted in the quantum appeal. The binding nature of coordinate bench decisions in the absence of a Special Bench ruling.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “H”, MUMBAI

Before: VIKAS AWASTHY & MS. PADMAVATHY S.

For Appellant: Shri Hiten Chande

Heard together (2 matters)

ITA 1536/Mum/2023
I.T.A. No.1538/Mum/2023

Read from the judgment's own cause title. This page is filed under one of them.

PER : MS PADMAVATHY S. (AM)

These appeals of the revenue are against the separate orders of the Commissioner of Income-tax (Appeals)-52, Mumbai (in short, ‘the CIT(A)’) both dated 02/02/2023 for A.Ys. 2011-12 and 2012-13 deleting the penalty levied under section 271(1)(c) vide order dated 29/03/2017 passed by the DCIT, Cent.Cir.4(2).

2 ITA 1536/Mum/2023 & 1538/Mum/2023 M/s Knight Riders Sports Pvt

The order continues below.

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