INCOME TAX OFFICER WARD 1(5), THANE vs. SHRI HARSHAND VALJI SHAH, MUMBAI

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ITA 5328/MUM/2018Status: DisposedITAT Mumbai30 March 2021AY 2011-126 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The CIT(A) rightly deleted the penalty. The tribunal found that the assessee had produced documentary evidence for purchases and payments, and the sales were not doubted, creating doubt about the purchases being bogus.

What were the facts?

The Assessing Officer (AO) levied penalty under section 271(1)(c) for bogus purchases based on information that suppliers were hawala dealers. The assessee had accepted the addition to buy peace and avoid litigation.

What were the issues?

Whether penalty under section 271(1)(c) can be levied when purchases are doubted but not definitively proven bogus, and the assessee has provided evidence of payment and accounting.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “H” BENCH, MUMBAI

For Appellant: Shri T.S. Khalsa, DR
Hearing: 05.02.2021Pronounced: 30.03.2021

आदेश / O R D E R भहावीय स िंह, उऩाध्मक्ष के द्वाया / PER MAHAVIR SINGH, VP: This appeal of Revenue is arising out of the order of the Commissioner of Income Tax (Appeals)]-3, Nasik [in short CIT(A)], in appeal No. 555/17-18/NSK (Old 667/14-15/THN) dated 11.06.2018. The assessment was framed by the Income Tax Officer, Ward 1(5),

2.

The only issue in this appeal of Revenue is against the order of CIT(A) deleting the penalty levied by Assessing Officer under section 271(1)(c) of the Act in regard to bogus purchases. For this, Revenue has raised the following two grounds: - “1. Whether on the facts and in the circumstances of the case and in law, the Ld. CIT(A) was justified in deleting the penalty levied under section 271(1)(c) merely on the grounds it was levied on estimate basis and voluntary surrender by the assessee without properly appreciating the decision of Hon’ble Apex Court in the case of Mak Data Pvt. Ltd. Vs. CIT (Civil Appeal No.9772 of 2013)”.

1.

2. Whether on the facts and in the circumstances of the case and in law, the Ld. CIT(A) was justified in deleting the penalty levied under section 271(1)(c) without appreciating the fact that there was definite finding in the assessment order in respect of

3.

We have heard the learned DR and gone through the facts and circumstances of the case. The Assessing Officer during the course of assessment proceedings noticed that the assessee has obtained bogus bills from sun enterprises amounting to Rs. 43,211/- and from sejal enterprises amounting to Rs.1,03,369/-. Accordingly, the Assessing Officer treated this purchases as bogus by holding that as per the information received from Sales Tax Department, Maharashtra, the aforesaid parties are hawala dealers and the assessee has obtained bogus bills from them. The Assessing Officer initiated the penalty proceedings and levied the penalty under section 271(1)(c) of the Act despite the fact that none was present from assessee’s side. Aggrieved, assessee preferred the appeal before CIT(A). The CIT(A) deleted the penalty by observing as under : - “I have carefully considered the submissions of the appellant, the observations of the Assessing Officer in the penalty order; case laws relied upon by the appellant and the facts of the case. The Assessing Officer has levied penalty on the ground that the assessee has accepted the addition and did not file appeal. Further, the appellant could not produce the supplier, the referred supplier name was reflecting in the list

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