INCOME TAX OFFICER, TDS-1 THANE, THANE vs. M/S BLUE STAR REALTORS PVT LIMITED, MUMBAI

ITA 714/MUM/2022Status: DisposedITAT Mumbai13 October 2022AY 2014-1516 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that penalty under Section 271C cannot be sustained if the interest under Section 201(1A) has been deleted, especially when the payee has no resultant tax liability. The Tribunal upheld the deletion of the penalty.

What were the facts?

The Revenue appealed against the deletion of penalty under Section 271C by the CIT(A). The penalty was levied for failure to deduct tax at source, but the underlying interest under Section 201(1A) had already been deleted by the ITAT.

What were the issues?

Whether penalty under Section 271C is leviable when the related interest under Section 201(1A) has been deleted and the payee has no tax liability.

Which sections of the Income-tax Act were involved?

Section 271C,Section 201(1A)

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Cases cited in this judgment(4)Show list

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Income Tax Appellate Tribunal, MUMBAI BENCH “B” MUMBAI

Before: SHRI AMIT SHUKLA & SHRI OM PRAKASH KANT

For Appellant: Mr. Abdul Memon, AR
For Respondent: Dr. Mahesh Akhade, CIT-DR, Mr. Abdul Memon, AR
Hearing: 08/09/2022Pronounced: 13/10/2022

PER OM PRAKASH KANT, AM These two appeals by the Revenue are directed against the two separate orders dated 15.12.2021 and 21.12.2021 passed by the Ld. Commissioner of Income-tax (Appeals)-53, Mumbai [in short ‘the Ld. CIT(A)’] for assessment year 2014-15 and 2013-14 respectively.

M/s Blue Star Realtors Pvt. Ltd. M/s Blue Star As common/connected issue-in-dispute are involved in these dispute are involved in these appeals, therefore same were heard together and disposed off by herefore same were heard together and disposed off by herefore same were heard together and disposed off by way of this consoli

The order continues below.

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