ITO 29(1)(4), MUMBAI vs. M/S GREENGLOBE FUEL SOLUTIONS, 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 the Assessing Officer only disallowed a part of the purchases on an estimated basis, it could not be concluded that the assessee furnished inaccurate particulars or concealed income. Additionally, the appeals were not maintainable as the penalty amount was below the monetary threshold for departmental appeals.
What were the facts?
The Assessing Officer reopened assessments based on information that the assessee benefited from accommodation bills. The AO disallowed a portion of purchases deemed non-genuine and initiated penalty proceedings under section 271(1)(c). The CIT(A) deleted the penalty.
What were the issues?
Whether penalty under section 271(1)(c) is leviable when additions are made on an estimated basis and whether the departmental appeals are maintainable based on monetary limits.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC–III”BENCH, MUMBAI
Before: SHRI SAKTIJIT DEY
The captioned appeals have been filed by the Revenue challenging two separate orders, both dated 25th January 2019, passed by the learned Commissioner of Income Tax (Appeals)–39, Mumbai, deleting the penalty imposed under section 271(1)(c) of the Income Tax Act, 1961 (for short "the Act") amounting to ` 3,06,257 for the A.Y. 2010–11 and ` 47,716, for the A.Y. 2011–12.
Brief facts are, the assessee, a partnership firm, is engaged in the business of supply of fuel kits, RCC Block, Cement Slabs, etc. For the assessment years under dispute, the assessee filed its returns of 2 Shri Anil Narayan Lokre income in regular course. Initially, the returns of income filed were processed under section 143(1) of the Act. Subsequently, on the basis of information received from the Sales Tax Authorities through the DGIT (Inv.), Mumbai, that the assessee is a beneficiary of accommodation bills provided by the hawala operators, the Assessing Officer re–opened the assessments under section 147 of the Act. In the course of assessment proceedings, the Assessing Officer called upon the assessee to prove purchases worth ` 79,28,981, and ` 12,35,000, claimed to have been made during the relevant assessment years, which according to the information received, were non–genuine. Though, the assessee filed purchase bills and some other documentary evidences to prove the genuineness of the purchases, however, the Assessing Officer was not convinced with the same and concluded that such purchases are non–genuine. Thereafter, rejecting the books of account of the assessee, the Assessing Officer proceeded to disallow 12.5% out of the alleged non–genuine purchases in both the assessment years under dispute and added back an amount of ` 9,91,123 in A.Y. 2010–11 and ` 1,54,421 in A.Y. 2011–12. On the basis of such additions, the Assessing Officer initiated penalty proceedings under section 271(1)(c) of the Act alleging furnishing of inaccurate particulars of income and concealment of income. Though, the assessee filed its explanation objecting to the initiation of penalty proceedings, however, the Assessing Officer
3 Shri Anil Narayan Lokre proceeded to pass orders imposing penalty under section 271(1)(c) of the Act in both the assessment years under dispute, as already discussed in the earlier part of the order. Being aggrieved with the penalty orders so passed, the assessee preferred appeals before the first appellate authority.
After considering the submissions of the assessee in the context of facts and materials on record, learned Commissioner (Appeals) deleted the penalty imposed under section 271(1)(c) of the Act in both the assessment years under consideration.
I have considered rival submissions and perused the material on record. On a perusal of the assessment orders, it is evident that though the Assessing Officer treated certain purchases made by the assessee in the relevant assessment years to be non–genuine, however, he restricted the disallowance to 12.5% of the alleged non– genuine purchases. This very action of the Assessing Officer makes it clear that the Assessing Officer has entertained doubt only with regard to the source of purchases made and not the purchases itself. It is further relevant to observe, even the disallowance made by the Assessing Officer is purely on estimate basis. Thus, in these circumstances, it cannot be said that the assessee has furnished inaccurate particulars of income leading to concealment of income. That being the case, in my considered opinion, learned Commissioner
4 Shri Anil Narayan Lokre (Appeals) was justified in deleting the penalty imposed under section 271(1)(c) of the Act in both the assessment years under dispute. Having held so, I intend to deal with another aspect of the issue. As noted above, the quantum of penalty imposed in both the assessment years is much less than the amount of ` 50 lakh, the threshold monetary limit fixed by the Central Board of Direct Taxes for contesting appeals by the Department as per Circular no.17 of 2019, dated 8th August 2019. Thus, the present appeals by the Revenue are also covered under the aforesaid Circular, hence, not maintainable. In view of the aforestated reasons, I have no hesitation in upholding the orders passed by the learned Commissioner (Appeals).
In the result, Revenue’s appeals are dismissed. Order pronounced through circulation in the notice board under rule 34(4) of the Income Tax (Appellate Tribunal) Rules, 1963 on
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