ITO -29(1)(1), MUMBAI vs. ASHISH RAMESH POKAR, 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 upheld the deletion of penalty by the CIT(A). It agreed that since the addition for bogus purchases was made on an estimated basis, the penalty for concealment of income would not survive.
What were the facts?
The Income Tax Officer initiated penalty proceedings under Section 271(1)(c) of the Income Tax Act after making an addition for bogus purchases on an estimated basis. The Commissioner of Income Tax (Appeals) deleted the penalty.
What were the issues?
Whether penalty under Section 271(1)(c) can be levied when the addition to income was made on an estimated basis.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A”, BENCH
Before: SHRI MAHAVIR SINGH, JM & SHRI M.BALAGANESH, AM
आदेश / O R D E R PER M. BALAGANESH (A.M): This appeal in A.Y.2009-10 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-39, Mumbai in appeal No.CIT(A)-39/IT-10277/15-16 dated 29/06/2018 (ld. CIT(A) in short) in the matter of imposition of penalty u/s.271(1)(c) of the Income Tax Act, 1961 (hereinafter referred to as the Áct’).
The only issue to be decided in this appeal of the revenue is as to whether the ld. CIT(A) was justified in deleting the levy of penalty u/s.271(1)(c) of the Act in respect of disallowance made on account of bogus purchases on estimated basis.
None appeared on behalf of the assessee. We have heard the ld. DR and perused the materials available on record. ‘We find that the assessment was completed u/s.143(3) r.w.s. 147 of the Act on 20/02/2015 wherein the addition was made on account of bogus purchases in the sum of Rs.1,42,155/-. Penalty proceedings u/s.271(1)(c) of the Act were initiated for the same and penalty was levied for Rs.28,790/- by the ld. AO. We find that the addition made on account of bogus purchases was made on estimated basis @12.5% on the value of alleged purchases. We find that the ld. CIT(A) had deleted the penalty on the ground that since the quantum addition was made on estimated basis, concealment penalty levied thereon would not survive. This fact is not in dispute before us. We find that the ld. CIT(A) had also placed reliance on the decision of Hon’ble Punjab and Haryana High Court in the case of Harigopal Singh vs. CIT reported in 254 ITR 85 ( P & H) to support the said proposition. We do not find any infirmity in the said reasoning of the ld. CIT(A) in deleting the penalty. Accordingly, the grounds raised by the revenue are dismissed.
In the result, appeal of the revenue is dismissed.
Order pronounced in the open court on this 15/01/2020
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