INCOME TAX OFFICER-25(1)(5), MUMBAI vs. M/S. TUSHAR ENGINEERING INDUSTRIES, MUMBAI
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 since purchase vouchers were produced, payments were made through banking channels, and sales were not doubted, the assessee could not be penalized for concealment or furnishing inaccurate particulars of income. The penalty was deleted.
What were the facts?
The Assessing Officer disallowed 100% of purchases claimed as bogus due to non-production of suppliers, despite purchase vouchers and banking channel payments. The CIT(A) confirmed the addition, but the ITAT restricted the disallowance to 12.5%. A penalty under Section 271(1)(c) was also levied.
What were the issues?
Whether penalty under Section 271(1)(c) is leviable when purchases are disallowed on an estimated basis due to non-production of suppliers, despite supporting documentation for vouchers and payments.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
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- Hindustan Steel Ltd. v. State of Orissa502 citing83 ITR 26 · 1972 · SC
Income Tax Appellate Tribunal, “E” BENCH, MUMBAI
O R D E R Per Shamim Yahya, A. M.:
This is an appeal by the Revenue against the order of learned CIT(A)-37, Mumbai dated 29.05.2019, wherein penalty levied u/s. 271(1)(c) has been deleted for the Assessment Year 2009-10 for an amount of Rs.27,090/-.
Brief facts of the case leading to the levy of penalty are that the assessing officer in this case made disallowance of 100% on account of bogus purchase of Rs.7,01,341/-. The assessee has supplied the purchase vouchers and the payment where shown to have been made by banking channel. However, drawing adverse inference for the non production of the suppliers, the assessing officer disallowed 100% of the bogus purchases. However, the assessing officer did not doubt the sales. The learned CIT-A confirmed the addition. However, ITAT restricted the same to 12.5%. Penalty under section 271(1)(c) was also levied for an amount of Rs.27,090/-.
Against this order, the Revenue is in appeal before us.
We have heard both the counsel and perused the records. As clear from the facts recorded above, the disallowance has been made on an estimated basis on account of the ITO vs. M/s. Tushar Engineering Industries non-production of suppliers before the assessing officer. The purchase vouchers were duly produced and the payments were through banking channel. The sales are not doubted. In these backgrounds, in our considered opinion, the assessee cannot be visited with the rigours of penalty u/s. 271(1)(c). As a matter of fact, on many occasions, on similar circumstances in quantum proceedings the disallowance itself has been deleted. In our considered opinion, on the facts and circumstances of the case, the assessee cannot be said to have been guilty of concealment or furnishing of inaccurate particulars of income. In this regard, we draw support from the decision of a larger bench of the honourable Supreme Court in the case of the M/s Hindustan Steel Ltd. vs State of Orissa (1972) 83 ITR 26(SC), wherein it was held that the authority may not levy the penalty if the conduct of the assessee is not found to be contumacious.
In the background of aforesaid discussion and precedent, we set aside the orders of authorities below and delete the levy of penalty.
In the result, the Revenue’s appeal is dismissed. Order pronounced under rule 34(4) of the Income Tax (Appellate Tribunal) Rules, 1962, by placing the details on the notice board on 06.01.2021 Sd/- Sd/- (Ram Lal Negi) (Shamim Yahya) Judicial Member Accountant Member Mumbai; Dated : 06.01.2021 Roshani, Sr. PS Copy of the Order forwarded to : 1. The Appellant 2. The Respondent 3. The CIT(A) 4. CIT - concerned 5. DR, ITAT, Mumbai 6. Guard File BY ORDER,
More judgments on Section 271(1)(c)
- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
- Shalin Jayantbhai Desai, Vadodara vs ACIT, Circle-4(2), Vadodara Present…ITA 2569/AHD/2026[2010-11]Status: Disposed19 Oct 2026AY 2010-11
- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2370/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2369/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
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