ACIT 28(1), MUMBAI vs. MR. JAISINGH PATEL (PROP SEPARATION ENGINEERS (INDIA)), NAVI 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 the tax effect in the appeal was below ₹.50 Lakhs and no exceptions were applicable. Therefore, the appeal of the Revenue was not maintainable as per CBDT Circular No. 17/2019.
What were the facts?
The Revenue filed an appeal against the CIT(A)'s order deleting a penalty levied under Section 271(1)(c) of the Income Tax Act. The penalty was related to additions made on account of bogus purchases.
What were the issues?
Whether the Revenue's appeal is maintainable due to low tax effect, and whether the penalty under Section 271(1)(c) was rightly deleted by the CIT(A).
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, MUMBAI BENCH “F”, MUMBAI
Before: SHRI C.N. PRASAD, HONBLE & SHRI RAJESH KUMAR, HONBLEShri Jaisingh Patel
O R D E R PER C.N. PRASAD (JM) 1. This appeal is filed by the revenue against the order of the Ld.Commissioner of Income Tax (Appeals)–26, Mumbai [hereinafter in short “Ld.CIT(A)”] dated 25.03.2019 for the Assessment Year 2009-10.
Revenue in its appeal has raised the following grounds: - “1. Whether on the facts and in the circumstances of the case and in law, the Ld.CIT(A) was correct in deleting the penalty of ₹.1,48,199/- levied u/s. 271(1)(c) of the Act as the penalty was (A.Y: 2009-10) Shri Jaisingh Patel levied on quantum additions made on account of bogus purchases, without appreciating the fact that the onus was on the assessee to establish the genuineness of such purchases by producing such parties before the Assessing Officer and the assessee failed to discharge his onus? 2. Whether on the facts and in the circumstances of the case and in law, the Ld.CIT(A) was correct in holding that the Assessing Officer has estimated the income without appreciating that the Assessing Officer has levied penalty, only after verifying the fact that the assessee evaded the taxes on quantum of additions made on account of bogus purchases and the assessee failed to establish the genuineness of such purchases”? 3. Whether on the facts and in the circumstances of the case and in law, the Ld.CIT(A) was correct in holding that assessee has neither concealed the particulars of income nor has it furnished inaccurate particulars of income, there being are no findings of the Assessing Officer that the details furnished by the assessee in his return are found to be inaccurate or erroneous or false without appreciating the fact by restoring to bogus purchases / accommodation entry, the assessee made an attempt to reduce the profitability and thereby attempted to avoid taxes, which in itself proves beyond doubt that assessee concealed particulars of income? 4. The appellant prays that the order of the Ld.CIT(A) on the above grounds be reversed and that of the Assessing Officer be restored? 5. The appellant craves leave to amend or alter any grounds or add a new ground which may be necessary?” On the facts and the circumstances of the case and in law, the learned CIT(A) erred in deleting the additions made on account of delayed payments of PF & ESIC.”
3. At the time of hearing, when it was pointed out to the Ld. DR that the revenue effect in this appeal is below ₹.50 Lakhs the Ld. DR though agreed that tax effect on the issue in the present appeal is below ₹.50 Lacs and in view of the CBDT Circular No. 17/2019 dated 08.08.2019 in F.No.279/Misc.142/2007-ITJ (Pt) the appeal of the Revenue is not (A.Y: 2009-10) Shri Jaisingh Patel maintainable, it is submitted that this appeal is filed against deletion of penalty of ₹.1,48,199/- levied u/s. 271(1)(c) of the Act on the disallowance made towards bogus purchases.
Heard Ld. DR, perused the grounds of appeal and the orders of the authorities below. We find that the tax effect in this appeal is less than ₹.50 Lakhs and therefore the appeal of the revenue is not maintainable on account of low tax effect in view of the CBDT Circular No. 17/2019 dated 08.08.2019. We also observed that since the issue is in respect of levy of penalty u/s.271(1)(c) of the Act and none of the exception in the circular are applicable, the appeal is not maintainable.
In the result, appeal of the revenue is dismissed.
Order pronounced on 07.10.2020 as per Rule 34(4) of ITAT Rules by placing the pronouncement list in the notice board.
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