MR. SHEKHAR DADARKAR PROP. M/S S.D. CONSTRUCTION ,MUMBAI vs. NFAC, DELHI
| आयकर अपीलीय अिधकरण ायपीठ, मुंबई |
IN THE INCOME TAX APPELLATE TRIBUNAL
“G” BENCH, MUMBAI
BEFORE SHRI SAKTIJIT DEY, HON’BLE VICE PRESIDENT
&
SHRI NARENDRA KUMAR BILLAIYA, HON’BLE ACCOUNTANT MEMBER
I.T.A. No. 3414/Mum/2024
Assessment Year: 2012-13
Mr. Shekhar Dadarkar Prop.
M/s. S.D. Construction
Office No. 1
Poorti Vihar Co-op Hsg. Soc. Ltd.
Opp. Guru Nanak Park
Near Siddharth Hospital
New Shastri Nagar
Goregaon (W)
Mumbai - 400104
[PAN: ADAPD8694G]
Vs
National Faceless Assessment
Centre
अपीलाथ/ (Appellant)
यथ/ (Respondent)
Assessee by :
Shri Ashish Thakudesai, C.A.
Revenue by :
Shri Bhangepatil Pushkaraj Ramesh – Sr. D/R
सुनवाई की तारीख/Date of Hearing : 30/01/2025
घोषणा की तारीख /Date of Pronouncement: 30/01/2025
आदेश/O R D E R
PER NARENDRA KUMAR BILLAIYA, AM:
This appeal by the assessee is preferred against the order dated
30/04/2024 by NFAC, Delhi, [hereinafter ‘the ld. CIT(A)’] pertaining to AY 2012-13. 1.1. Delay is condoned.
2. The solitary grievance of the assessee is that the ld. CIT(A) erred in confirming the levy penalty u/s 271(1)(c) of the Act amounting to Rs.
3,70,448/-.
I.T.A. No. 3414/Mum/2024
Briefly stated the facts of the case are that the assessee filed his return of income on 28/09/2012, declaring total income at Rs.28,05,809/-. The return was assessed u/s 143(3) of the Act vide order dated 27/03/2015 and income determined that Rs.1,93,01,317/- after making the following additions:-
The assessee preferred appeal before the ld. CIT(A) disputing the additions under clause i, ii & iii above and the ld. CIT(A) vide order dt. 14/10/2016, confirmed the additions and the denial of exemption u/s 54 of the Act was not pursued. The assessee preferred appeal before the Tribunal and the Tribunal vide order dated 09/04/2018, set aside the issue relating to non-deduction of TDS on interest paid to NBFC and on caretaking charges and dismissed the ground relating to deemed rent. Percent to the order of the Tribunal assessment was reframed by repeating the same additions made in the earlier year. The ld. CIT(A) confirmed the addition on account of non-deduction of TDS on interest paid to NBFC and caretaking charges. 5. The AO initiated penalty proceedings but dropped penalty on non- deduction of TDS on interest paid to NBFC and caretaking charges and I.T.A. No. 3414/Mum/2024
also on deemed rent but levied penalty on the denial of exemption u/s 54
of the Act.
6. On the above facts, the ld. CIT(A) held as under:-
“Under the available facts, as the original assessment order dated 27.03.2015
has been replaced by the set aside assessment order passed u/s 143(3) ws 254, the penalty orders passed u/s 271(1)(c) in consequence to the original assessment order have become infructuous. Hence the penalty order dated
12.02.2022 has become infructuous. Accordingly, the appeal against the penalty order dated 12.02.2022 has also been rendered infructuous. Accordingly, the appeal is dismissed for statistical purpose.”
Considering the facts of the case in totality, we find no reason to interfere with the findings of the ld. CIT(A). 8. In the result, appeal of the assessee is dismissed. Order pronounced in the Court on 30th January, 2025 at Mumbai. (SAKTIJIT DEY)
(NARENDRA KUMAR BILLAIYA)
VICE-PRESIDENT
ACCOUNTANT MEMBER
Mumbai, Dated 30/01/2025
*SC SrPs
*SC SrPs
*SC SrPs
*SC SrPs
आदेश की ितिलिप अेिषत /Copy of the Order forwarded to :
अपीलाथ / The Appellant 2. थ / The Respondent 3. संबंिधतआयकरआयु" / Concerned Pr. CIT 4. आयकरआयु" ) अपील ( / The CIT(A)- 5. िवभागीय ितिनिध ,आयकर अपीलीय अिधकरण, मुंबई /DR,ITAT, Mumbai, 6. गाड& फाई/ Guard file.
आदेशानुसार/ BY ORDER,