SUGANDHA MADHUKAR SHETTY ,MUMBAI vs. DCIT, 32(1), MUMBAI

ITA 8007/MUM/2025Status: DisposedITAT Mumbai19 May 2026AY 2013-1412 pages
AI SummaryAllowed

What were the facts?

The assessee appealed against the CIT(A)'s order confirming the addition of a penalty of Rs 53,97,010. The penalty was levied for delayed payment of self-assessment tax, with the assessee citing financial constraints and unavailability of their chartered accountant as reasons for the delay.

What did the Tribunal hold?

The Tribunal held that the penalty levied under Section 140A(3) read with Section 221(1) of the Income Tax Act was unsustainable in law. Following previous judgments, the Tribunal found that the Assessing Officer lacked the authority to levy such a penalty after amendments to the Act.

What were the issues?

The primary issue was whether a penalty could be levied under Section 140A(3) r.w.s. 221 for delayed payment of self-assessment tax, especially after amendments to Section 140A and the introduction of mandatory interest provisions.

Which sections of the Income-tax Act were involved?

Section 140A,Section 221,Section 234A,Section 234B,Section 234C

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “G” MUMBAI

Before: SHRI OM PRAKASH KANT & SHRI RAHUL CHAUDHARY

For Appellant: Shri Bharat Kumar
For Respondent: Shri Tamil Selvam S. (Sr. AR)
Hearing: 12/05/2026

PER OM PRAKASH KANT, AM

This appeal by the assessee is directed against order dated 02.09.2025, passed by the learned Commissioner of Income-Tax (Appeals) – National Faceless Appeal Centre, Delhi, [in short ‘the Ld. CIT(A)’] for the Assessment Year (in short ‘A.Y’) 2013-14, raising following grounds:

Sugandha Madhukar Shetty, Sugandha Madhukar Shetty 2 “1. Firstly, I would like to apologize for the delayed of 20 days in filling of appeal

1.

Firstly, I would like to apologize for the delayed of 20 days in filling of appeal

1.

Firstly, I would like to apologize for the delayed of 20 days in filling of appeal for th

The order continues below.

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