UMANG BOARDS (MUMBAI), PVT. LTD,JAIPUR vs. WARD 14(3)(1), MUMBAI, MUMBAI

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ITA 5783/MUM/2024Status: DisposedITAT Mumbai19 May 2025AY 2012-13Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI PRABHASH SHANKAR (Accountant Member)1 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal noted that the quantum proceedings had been remitted back to the Ld. CIT(A) for fresh adjudication. Consequently, the penalty order was also remitted back to the Ld. CIT(A) to decide the penalty appeal after the quantum appeal is decided.

What were the facts?

The assessee filed an appeal against a penalty order levying Rs. 14,52,300/- for AY 2012-13. The penalty proceedings were initiated under Section 271(1)(c) of the Income Tax Act, 1961.

What were the issues?

Whether the penalty appeal should be decided along with or after the quantum appeal, when the quantum appeal has been remitted back to the CIT(A).

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, ‘F’ BENCH, MUMBAI

Before: SHRI AMIT SHUKLA & SHRI PRABHASH SHANKAR

For Appellant: Shri Rohan Sogani
For Respondent: Smt. Kavita P. Kaushik
Pronounced: 19.05.2025

आदेश / O R D E R PER AMIT SHUKLA (JM): The aforesaid appeal has been filed by the assessee against order dated 23.10.2024 passed in relation to penalty proceedings u/s. 271(1)(c) of the Income Tax Act, 1961 (in short “Act”) for levying penalty of Rs. 14,52,300/- for the A.Y. 2012-13.

1.

Umang Boards (Mumbai) Pvt. Ltd., 2. At the outset, Ld. Counsel for the assessee submitted that in the quantum proceedings, the Tribunal has remitted back the issue back to the file of Ld. CIT(A) for necessary verification and fresh adjudication.

3.

Since quantum appeal has been set-aside to the file of ld.CIT(A), therefore, the impugned penalty order is also remitted back to the file of ld. CIT(A) to decide penalty appeal after deciding the quantum appeal in accordance with law, after giving due opportunity of hearing to the assessee.

4.

Accordingly, appeal of the assessee is allowed for statistical purposes.

5.

In the result, appeal of the assessee is allowed for statistical purposes.

Order pronounced on 19th May, 2025.

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