ACIT CIRCLE- 16 (1), MUMBAI vs. M/S TATA SKY LTD., MUMBAI
What did the Tribunal hold?
The Tribunal held that since the additions forming the basis for the penalty have been deleted, the penalty cannot survive. The pendency of further appeals by the revenue before the High Court does not justify confirming the penalty.
What were the facts?
The Assessing Officer imposed penalty under section 271(1)(c) based on certain additions. The assessee appealed these additions, and the Income Tax Appellate Tribunal (ITAT) deleted all the additions made by the AO.
What were the issues?
Whether penalty under Section 271(1)(c) can be sustained when the additions on which it was based have been deleted by the Tribunal.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, MUMBAI BENCHES “E”, MUMBAI
Before: SHRI SAKTIJIT DEY & SHRI RAJESH KUMAR
O R D E R PER SAKTIJIT DEY, JM Captioned appeals by the revenue arise out of two separate orders, both dated 17.10.2019, of learned Commissioner of Income Tax (Appeals)-4, Mumbai, deleting the penalty imposed under section 271(1)(c) of the Income Tax Act, 1961 for the assessment years 2009-10 and 2010-11.
At the very outset, Shri J.D. Mistri, learned Senior Counsel for the assessee submitted, the additions based on which the Assessing Officer (AO) imposed penalty under section 271(1)(c) of the Act in both the assessment years, in the meanwhile, have been deleted by the Tribunal while deciding assessee’s appeals arising out of the assessment order passed for the impugned assessment years. In this context, he drew our attention to Assessment Years: 2009-10 & 2010-11 observations of the Tribunal while deleting the additions made by the AO in the quantum proceedings. Thus, he submitted, when the additions have been deleted, the penalty imposed under section 271(1)(c) of the Act, based on such additions, cannot survive.
The learned Departmental Representative, though, agreed that the additions based on which penalty under section 271(1)(c) of the Act were imposed have been deleted by the Tribunal, however, he submitted, the department has not accepted the decision of the Tribunal and has preferred further appeal before the Hon’ble jurisdictional High Court. Thus, he relied upon the observations of the AO.
Having considered rival submissions and perused the material on record, we find that based on certain additions made in the assessment orders passed for the impugned assessment years, the AO had initiated proceedings for imposition of penalty under section 271(1)(c) of the Act and ultimately passed orders imposing penalty under the said provision. Pertinently, against the additions made in the assessment orders passed for the impugned assessment years, the assessee had preferred appeals before learned Commissioner (Appeals). Being partly successful before the first appellate authority, the assessee went in further appeal before the Tribunal. Even, revenue also preferred appeals before the Tribunal challenging the partial relief granted by learned Commissioner (Appeals). While deciding the cross appeals, the Tribunal in and others dated 10.09.2020 read with order dated 05.01.2021 passed in MA No. 254/Mum/2020, deleted all the additions made by the AO in both the assessment years. Thus, it is an admitted factual position that the additions based on which the AO had imposed penalty under section 271(1)(c) of the Act are no longer in existence. That being the case, penalty imposed based on such additions cannot survive. Taking note of the aforesaid orders passed by the Tribunal, learned Commissioner (Appeals), for the very same reason, has deleted the penalty imposed under section 271(1)(c) of the Act. Merely because the revenue has not accepted the decision of the Tribunal in quantum proceedings and has Assessment Years: 2009-10 & 2010-11 preferred further appeals before the Hon’ble High Court, cannot be a ground to confirm the penalty imposed under section 271(1)(c) of the Act. In view of the aforesaid, we do not find any infirmity in the decision of learned Commissioner (Appeals) in deleting the penalty imposed under section 271(1)(c) of the Act in both the assessment years under dispute. Grounds are dismissed.
In the result, appeals are dismissed.
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