ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 3, PUNE vs. M/S. MANISHA CONSTRUCTION COMPANY, PUNE

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ITA 1556/PUN/2019Status: DisposedITAT Pune15 June 2022AY 2006-074 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 Tribunal held that since a coordinate bench had already reversed the CIT's revision directions, the penalties imposed had no basis. Therefore, the CIT(A)'s order deleting the penalties was upheld.

What were the facts?

The Assessing Officer imposed penalties under Section 271(1)(c) based on directions from the CIT(Central) for revision. The CIT(A) had previously deleted these penalties.

What were the issues?

Whether penalties under Section 271(1)(c) can be sustained when the underlying revision directions have been reversed by a coordinate bench of the Tribunal.

Which sections of the Income-tax Act were involved?

Section 271(1)(c),Section 263,Section 153A,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, PUNE

Before: SHRI S.S.GODARA, JM & SHRI DR. DIPAK P. RIPOTE, AM

For Appellant: Shri Nikhil Pathak
For Respondent: Shri S. P. Walimbe
Hearing: 06.06.2022Pronounced: 15.06.2022

आदेश / ORDER PER S. S. GODARA, JM :

1.

These Revenue’s five appeals for A.Y. 2004-05 to 2008-09 arise against the CIT(A)-3 Pune’s common order dt. 04.07.2019 passed in case No. PN/CIT(A)-8/DCIT, Cir-3/145, 146, 147, 148,149/18-19/224; respectively, involving proceedings u/s.271(1)(c) of the Income Tax Act, 1961; in short “the Act”. Heard both the parties. Case files perused.

2.

Coming to the Revenue’s identical substantive grievance that the CIT(A) has erred in law and on facts in reversing the Assessing Officer’s action imposing section 271(1)(c) penalty(ies) of Rs.38,19,350/-, Rs.32,65,840/-, Rs.1,27,99,060/-, Rs.1,14,88,520/- and Rs.7,30,56,370/-; assessment yearwise, respectively, we note at the outset that there is hardly any need for us to delve deeper in the relevant factual matrix. Suffice to say, the Assessing Officer has invoked the impugned proceedings in furtherance to CIT(Central) – Pune’s section 263 revision directions dated 27.03.2017 terming the former’s order(s) dated 10.03.2015 dropping the penal action in issue after framing section 153A r.w.s.143(3) assessment(s) dated 29.12.2011; as erroneous ones causing prejudice to interest of the Revenue.

3.

It next transpires with the able assistance coming from the both the parties that this tribunal’s co-ordinate bench’s common order dated 30.07.2018 passed in assessee’s appeals to 1526/PUN/2017 has reversed the CIT’s preceding revision directions (supra) itself. That being the case, we find force in assessee’s arguments that the impugned penalties forming subject matter of judication in all the instant five appeals have no legs to stand. We thus uphold the CIT(A)’s impugned common order deleting the same for this precise reason alone. Ordered accordingly.

4. These Revenue’s five appeals are dismissed in above terms. A copy of this common order be placed in the respective case files.

Order pronounced in the Open Court on this 15th day of June, 2022.

Sd/- Sd/- (DR.DIPAK P.RIPOTE) (S.S. GODARA) लेखध सदस्य/ ACCOUNTANT MEMBER न्यधनयक सदस्य/JUDICIAL MEMBER पपणे / Pune; ददनधांक / Dated : 15th June, 2022. Ashwini आदेश की प्रनतनलनप अग्रेनषत / Copy of the Order forwarded to : अपऩलधथी / The Appellant. 1. प्रत्यथी / The Respondent. 2.

3. The CIT(A)-3, Pune.

4.

The Pr.CIT-2,Pune. 5. नवभधगऩय प्रनतनननध, आयकर अपऩलऩय अनधकरण, “ए” बेंच, पपणे / DR, ITAT, “A” Bench, Pune. गधर्ा फ़धइल / Guard File. आदेशधनपसधर / BY ORDER, 6. // True Copy // Senior Private Secretary आयकर अपऩलऩय अनधकरण, पपणे / ITAT, Pune.

S.No. Details Date Initials 1 Draft dictated on 06.06.2022 2 Draft placed before author 13.06.2022 Draft proposed & placed before the Second 3 Member 4 Draft discussed/approved by Second Member 5 Approved Draft comes to the Sr. PS/PS 6 Kept for pronouncement on 7 Date of uploading of Order 8 File sent to Bench Clerk 9 Date on which the file goes to the Head Clerk 10 Date on which file goes to the A.R. 11 Date of Dispatch of order

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