GRR HOLDINGS PRIVATE LIMITED,HYDERABAD vs. DEPUTY COMMISSIONER OF INCOME TAX,CENTRAL CIRCLE-3(3), HYDERABAD

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ITA 368/HYD/2021Status: DisposedITAT Hyderabad07 April 2022AY 2018-194 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the penalties were not sustainable as the Assessing Officer already possessed the relevant material from a search action. There was no specific finding of failure by the assessees to produce necessary evidence.

What were the facts?

The assessees appealed against penalties imposed under Section 271(1)(b) and 272A(1)(d) for non-cooperation with notices issued under Section 142(1) and 143(2). The Assessing Officer had framed best judgment assessments due to this alleged non-cooperation.

What were the issues?

The primary issue was the validity of penalties imposed for non-compliance with notices when the Assessing Officer had sufficient material from a search action and no specific failure was established.

Which sections of the Income-tax Act were involved?

Section 271(1)(b),Section 272A(1)(d),Section 142(1),Section 143(2),Section 144

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, Hyderabad ‘ A ‘ Bench, Hyderabad

Before: Shri S.S. Godara & Shri Laxmi Prasad Sahu

For Appellant: Shri P. Murali Mohan Rao
For Respondent: Shri T. Sunil Goutam
Hearing: 06.04.2022Pronounced: 07.04.2022

Before Shri S.S. Godara, Judicial Member AND Shri Laxmi Prasad Sahu, Accountant Member to 368/Hyd/2021 Assessment Years : 2016-17 to 2018-19 GRR Holdings Private Vs. The Deputy Commissioner Limited, of Income Tax, Hyderabad. Central Circle -3(3), PAN : AAGCG1930N. Hyderabad. (Appellant) (Respondent) ITA Nos.369 to 373/Hyd/2021 Assessment Years : 2014-15 to 2018-19 M/s. GRR Holdings, Vs. The Deputy Commissioner Hyderabad. of Income Tax, PAN : AAQFG0867M. Central Circle -3(3), Hyderabad. (Appellant) (Respondent) Assessee by: Shri P. Murali Mohan Rao. Revenue by: Shri T. Sunil Goutam. Date of hearing: 06.04.2022 Date of pronouncement: 07.04.2022 O R D E R Per S. S. Godara, J.M. These twin assessees’ eight appeals for A.Ys. 2014-15 to 2018-19 arise against the Commissioner of Income Tax, (Appeals) – 11, Hyderabad’s separate orders, all dated 31.08.2021 passed in case Nos.10307/2015-16, 11406/2016-17, 10527/2017-18, 10262/2013-14, 10282/2014-15, 10308/2015-16, 11407/2016-17, and 10528/2017-18, respectively, affirming the Assessing Officer’s action imposing penalty of Rs.20,000/- each; involving proceedings u/s 271(1)(b) and 272A(1)(d) of the Income Tax Act 1961 [in short, ‘the Act’].

Heard both the parties. Case file(s) perused.

2.

We notice at the outset that these twin assessees’ instant eight appeals raise an identical issue of correctness of both the learned lower authorities’ action imposing section 271(1)(b) penalty of Rs.20,000/- each in issue thereby alleging non-cooperation to section(s) 142(1) and 143(2) notices dt.29.10.2018 dt.24.01.2019; respectively, as per the relevant facts in “lead” appeal ITA No.366/Hyd/2021.

3.

Both the learned representatives reiterated their respective stands against and in support of the impugned penalty (ies). Mr. Goutam vehemently contended that the assessees’ non-cooperation to the Assessing Officer’s foregoing twin notices compelled him to frame section 144 “best judgments” / assessments which sufficiently prove that there is hardly any reasonable cause for not imposing the impugned penal action. We find no merit in the Revenue’s foregoing stand. This is for the reason that the issues herein pertains to a search action dt.20.09.2017 wherein the Assessing Officer was already in possession of the corresponding material which ultimately led to the addition(s) made in the relevant assessments framed in these assessment years. We make it clear that apart from this clinching aspect, there is no finding in the Assessing Officer’s penalty orders that there had been any specific failure on assessees’ part to bring on record the necessary evidence in support of their claims, if any. Faced with this situation, we hold that the impugned penalties imposed in these eight appeals are not sustainable in law. The same stand deleted. 4. Same order to follow in the remaining appeals i.e. to 373/Hyd/2021. 5. These twin assessees’ eight appeals are allowed in above terms. A copy of this common order be placed in their respective case files.

Order pronounced in the Open Court on 07th April, 2022.

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