SNT CONTROLS LTD.,MUMBAI vs. CIT (A)-18, MUMBAI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that since purchase vouchers were produced and payments were made through banking channels, the assessee could not be penalized for concealment or furnishing inaccurate particulars of income. The penalty was set aside.
What were the facts?
The Assessing Officer disallowed 100% of purchases due to non-production of suppliers, despite purchase vouchers and banking channel payments. The CIT(A) restricted the addition to 12% and sustained the penalty under Section 271(1)(c).
What were the issues?
Whether penalty under Section 271(1)(c) is leviable when purchases are disallowed on an estimated basis due to non-production of suppliers, despite valid vouchers and banking channel payments.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Patel Vs. ACIT, 80 Taxmann.com 162 (Gujarat HC) 4. Pr. CIT v. Rajkumar Gulab Badgujar25 citing82 ITR 26 · 1972 · SC
Income Tax Appellate Tribunal, “B” Bench, Mumbai
Before: Shri Shamim Yahya (AM) & Shri Pavan Kumar Gadale (JM)
O R D E R Per Shri Shamim Yahya(A.M) :- These are assessee’s appeals directed against respective orders of learned CIT(A) for respective assessment years, wherein following penalty levied under section 271(1)(c) of the Act has been sustained:-
A.Y. Amount (Rs.) of Penalty 2009-10 Rs. 83,253/- 2010-11 Rs. 8,114/- 2011-12 Rs.1,09,305/- 2. At the outset, it is noted that there is a delay of 309 days. The reason for the same is attributed to the covid pandemic. Ld. Counsel submits that as per the order of Hon’ble Supreme Court such period is to be ignored. Upon careful consideration and hearing both parties, the delay is condoned.
2 SNT controls Ltd. 3. Since the issues are common and connected and the appeals were heard together, these have been consolidated and disposed off together for the sake of convenience.
Brief facts of the case leading to the levy of penalty are that the AO in these cases made disallowance of 100% on account of bogus purchases. Assessee has supplied the purchase vouchers and the payment, where shown to have been made by banking channel. However, drawing the adverse inference for the non-production of the suppliers the AO disallowed 100% of the bogus purchases. However, the AO did not doubt the sales. The ld.CIT(A) restricted the addition to 12% and gave further relief of 4% VAT paid. Penalty under section 271(1)(c) was also levied. Ld.CIT(A) sustained the penalty.
Against the above order assessee is in appeal before us.
We have heard the Ld. DR and perused the record. As clear from the facts recorded above, the disallowance has been made on an estimated basis on account of the non production of suppliers before the AO. The purchase vouchers were duly produced and the payments were through banking channel. In these backgrounds, in our considered opinion, assessee cannot be visited with the rigours of penalty u.s 271(1)(c). As a matter of fact, on many occasions, on similar circumstances in quantum proceedings, the disallowance itself has been deleted. In our considered opinion, on the facts and circumstances of the case assessee cannot be said to have been guilty of concealment or furnishing of inaccurate particulars of income. In this regard, we draw support from the decision of a larger bench of the Hon’ble Supreme Court in the case of the State of Orissa 82 ITR 26, where in it was held that the authority may not levy the penalty, if the conduct of the assessee is not found to be contumacious.
3 SNT controls Ltd.
In the background of aforesaid discussion and precedent we set aside the order’s of Ld.CIT(A) and delete the levy of penalty.
In the result, these assessee’s appeals are allowed.
Pronounced in the open court on 09.03.2022
More judgments on Section 271(1)(c)
- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
- Shalin Jayantbhai Desai, Vadodara vs ACIT, Circle-4(2), Vadodara Present…ITA 2569/AHD/2026[2010-11]Status: Disposed19 Oct 2026AY 2010-11
- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2370/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2369/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
Recent GST High Court judgments
Search GST case law →- M/S.Sri Satya Sai Constructions vs. The State Of Andhra PradeshAndhra Pradesh · 27 Oct 2026
- M/S. Sikka Motors PVT LTD vs. Union Of INDIA & Anr.Delhi · 27 Oct 2026
- Shri Yaras Suresh Babu Prabhu Kumar vs. The Union Of INDIATelangana · 27 Oct 2026
- Santa Singh vs. SuperintendentUttarakhand · 27 Oct 2026
- Azaad Builders vs. Assistant Commissioner SGSTUttarakhand · 27 Oct 2026