ACIT CIRCLE-3, KALYAN vs. UMASHANKAR RAMADIN SHARMA, THANE
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that quantum and penalty proceedings are distinct. The exception clause in the circular applied only to additions based on external information, not to penalty levies. Therefore, the Revenue's submissions were not accepted.
What were the facts?
The Revenue's appeals were not maintainable due to low tax effect as per CBDT Circular No. 17/2019. The Revenue argued that penalty on alleged bogus purchases should be covered by an exception clause as it was based on quantum additions from an external agency.
What were the issues?
Whether penalty proceedings are covered by exceptions in CBDT circulars regarding low tax effect, even if quantum additions are based on external information.
Which sections of the Income-tax Act were involved?
Not specified
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “F” BENCH, MUMBAI
Before: HON’BLE SHRI MAHAVIR SINGH, VP & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
Heard together (3 matters)
Read from the judgment's own cause title. This page is filed under one of them.
आयकर अपीलीय अधिकरण “एफ” न्यायपीठ म ुंबई में। IN THE INCOME TAX APPELLATE TRIBUNAL “F” BENCH, MUMBAI माननीय श्री महावीर स िंह, उपाध्यक्ष एवुं माननीय श्री मनोज कुमार अग्रवाल ,लेखा दस्य के मक्ष। BEFORE HON’BLE SHRI MAHAVIR SINGH, VP AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM (Hearing Through Video Conferencing Mode) आयकरअपील िं./ (धििाारण वर्ा / Assessment Year: 2009-10) & आयकरअपील िं./ (धििाारण वर्ा / Assessment Year: 2010-11) & आयकरअपील िं./ I.T.A. No.7436/Mum/2019 (धििाारण वर्ा / Assessment Year: 2011-12) ACIT-Circle 32 Shri Umashankar Ramadin Sharma 2nd Floor, Rani Mansion B-03, Rameshwar Kripadham CHS Ltd बिाम/ Murbad Road Babasaheb Joshi Marg Vs. Kalyan (W) – 421 301 Phadke Cross Road Dombivali (E)- 421 201 स्थायीलेखा िं./ जीआइआर िं./ PAN/GIR No.AAFFV-0714-K (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : Assessee by : None Revenue by : Ms. Usha Gaikwad – Ld. Sr. DR ुनवाई की तारीख/ : 13/05/2021 Date of Hearing घोषणा की तारीख / : 13/05/2021 Date of Pronouncement आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)
At the time of hearing of appeal, none appeared for assessee. However, after going through the appeal papers, it transpires that the revenue’s appeals are not maintainable on account of low tax effect in terms of CBDT vide Circular No. 17/2019 dated 08/08/2019 [F.No.279/Misc. 142/2007-TTJ(Pt.).
The Ld. DR submitted that penalty on addition on account of alleged bogus purchases should be construed to be covered by exception clause 10(e) of the circular since the same was levied on account of quantum additions which was based upon receipt of information from an external agency i.e. Sales Tax Department. 3. We have considered the said submissions. It is settled legal position that quantum proceedings and penalty proceedings are independent and distinct proceedings and confirmation of additions may not be the sole ground for confirming the penalty. Extending the same logic, unless specific exception is provided in the circular with respect to penalty also, it could not be construed that the penalty was to be treated at par with quantum additions. The clause 10(e) specifically applies only to additions which are based on information received from external sources. The levy of penalty, by no stretch of imagination, could be construed as addition as envisaged by clause 10(e). Therefore, the submissions made by Ld. DR could not be accepted. 4. In view of the foregoing, all the three appeals stand dismissed. However, a liberty is given to revenue to seek recall of any of the appeals, if at a later stage, it is found that the matter is covered by any exceptions provided in any of the circular or in case the tax effect in the appeals exceeds the prescribed monetary limit.
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