ALAMGIR KASAM ALI,MUMBAI vs. ITO 26 (1)(1), MUMBAI

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ITA 6370/MUM/2019Status: DisposedITAT Mumbai01 July 2021AY 2009-103 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 penalty cannot be levied on an estimated addition. Therefore, the AO was directed to delete the penalty imposed under Section 271(1)(c) of the Act.

What were the facts?

The assessee purchased materials from parties identified as tainted dealers. The Assessing Officer (AO) made additions based on these purchases, and the profit element was estimated. The penalty under Section 271(1)(c) was levied on the ultimately confirmed estimated addition.

What were the issues?

Whether penalty under Section 271(1)(c) can be levied on an addition that is based on an estimated profit element from bogus purchases.

Which sections of the Income-tax Act were involved?

Section 271(1)(c),Section 41(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A‘ BENCH

Before: SHRI MAHAVIR SINGH & SHRI M.BALAGANESHShri Alamgir Kasam Ali

For Appellant: Ms. Shreya Doshi
For Respondent: Shri Brajendra Kumar
Hearing: 21/06/2021Pronounced: 01/07/2021

आदेश / O R D E R PER M. BALAGANESH (A.M):

1.

This appeal in A.Y.2009-10 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-38, Mumbai in appeal No.CIT(A)-38/ITO-26(1)(2)/IT-10062/2018-19 dated 14th May 2019 (ld. CIT(A) in short) in the matter of imposition of penalty u/s.271(1)(c) of the Income Tax Act, 1961 (hereinafter referred to as Act).

2.

The only issue to be decided in this appeal is as to whether the ld. CIT(A) was justified in confirming the levy of penalty on an estimated addition made to the extent of 12.5% of value of bogus purchases.

3.

We have heard rival submissions and perused the materials available on record. We find that assessee is a proprietor of M/s. Indian Steels Forging Company engaged in the business of manufacturing of tube fittings flanges. We find that during the year under consideration assessee has purchased materials from five parties whose names have been reported as tainted dealers in the website of Government of Maharashtra Sales Tax department and the total value of such purchases were Rs.40,62,462/-. The ld. AO in respect of outstanding purchases (i.e. purchases for which payments were not made as on 31/03/2009 and remaining as sundry creditors) to the extent of Rs.11,16,232/- sought to add the same as cessation of liability in terms of Section 41(1) of the Act. In respect of remaining purchases of Rs.29,46,224/- (Rs.40,62,224 – 11,16,232) , the ld AO resorted to estimate the profit element embedded thereon @25% and completed the quantum assessment. The ld. CIT(A) applied the profit percentage of 25% on the total disputed purchase value of Rs.40,62,462/- and sustained the addition only to the extent of Rs.10,15,615/- (Rs.40,62,462 x 25%). On further appeal by the assessee to this Tribunal, this profit percentage was reduced to 12.5% in quantum proceedings. The ld. AO levied penalty on this ultimate estimated addition of 12.5% and levied penalty u/s.271(1)(c) of the Act. This penalty was sustained by the ld. CIT(A). The law is very well settled that penalty would not be levied on an estimated addition and accordingly, we hereby direct the ld. AO to delete the penalty u/s.271(1)(c) of the Act. Accordingly, grounds of assessee are allowed.

4.

In the result, appeal of the assessee is allowed.

Order pronounced on 01/07/2021 by way of proper mentioning in the notice board.

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