ITO 31 (1)(5), MUMBAI vs. GAUTAM ASHOK VARSHNEY, MUMBAI

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ITA 5788/MUM/2018Status: DisposedITAT Mumbai06 January 2020AY 2010-113 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 the appeals were covered by the CBDT's low tax effect circular. It reasoned that quantum and penalty proceedings are separate and the circular applies to each independently.

What were the facts?

The Revenue appealed against the deletion of penalties levied under Section 271(1)(c) by the Assessing Officer for alleged bogus purchases. The penalties were deleted by the CIT(A).

What were the issues?

Whether the appeals are maintainable in light of the CBDT's low tax effect circular, and if penalty proceedings are distinct from quantum proceedings for the purpose of the circular.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “G” BENCH, MUMBAI

Before: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM & HON’BLE SHRI RAVISH SOOD, JM

For Respondent: Shri N.Padnabhan-Sr.DR

Heard together (2 matters)

I.T.A. No.5788/Mum/2018
I.T.A. No.5787/Mum/2018

Read from the judgment's own cause title. This page is filed under one of them.

1.

Aforesaid appeals by revenue for Assessment Years [in short referred to as ‘AY’] 2010-11 and 2011-12 contest common order of Ld. Commissioner of Income-Tax (Appeals)-42, Mumbai, [in short referred to as ‘CIT(A)’], Appeal No.CIT(A)-42/IT-315/16-17 and CIT(A)-42/IT- -88/Mum/2018 Gautam Ashok Varshney Assessment Years: 2010-11 & 2011-12 314/16-17 dated 21/06/2018. In the said appeal, Ld. CIT(A) has deleted penalty of Rs.28,595/- & Rs.50,683/- for AYs 2010-11 & 2011-12 respectively as levied by Ld. AO u/s 271(1)(c) vide separate penalty orders dated 28/09/2016. Upon perusal of penalty order passed by Ld. AO, it is evident that penalty was levied on account of estimated additions against alleged bogus purchases.

2.

None has appeared for assessee and no valid adjournment application is on record. Therefore, the matter was proceeded with ex- parte qua the assessee since the revenue’s appeals are, prima facie, covered by latest low tax effect Circular No.17/2019 dated 08/08/2019 [F.No.279/Misc. 142/2007-TTJ(Pt.) issued by CBDT. 3. The Ld. DR submitted that the penalty was levied on account of alleged bogus purchases as per information received from Sales Tax Department, Maharashtra and therefore, the appeal would be covered by exception given in the said circular. 4. Upon perusal of case records, prima facie, it appears that the tax effect of quantum of penalty being contested by the revenue is less than prescribed limit of Rs.50 Lacs in both the years and the same is covered by recently issued low tax effect Circular No.17/2019 dated 08/08/2019 issued by Central Board of Direct Taxes [CBDT]. This recent circular further enhances the monetary limit fixed in earlier Circular No.3 of 2018 dated 11/07/2018 issued by CBDT as amended on 20/08/2018. So far as the contentions raised by Ld. DR are concerned, we are of the considered opinion that quantum proceedings and penalty proceedings were separate proceedings and the circular would apply to each proceeding separately. No separate exception has been provided in any -88/Mum/2018 Gautam Ashok Varshney Assessment Years: 2010-11 & 2011-12 of the circular with respect to quantum of penalty. In view of the same, we dismiss both the appeal. 5. At the same time, a liberty is given to revenue to seek recall of any of the appeal, if at a later stage, it is found that the matter is covered by any exceptions provided in any of the circular or in case the tax effect as agitated by revenue exceeds the prescribed monetary limit. 6. In the result, both the appeals stand dismissed. Order pronounced in the open court on 06th January, 2020. Sd/- Sd/- (Ravish Sood) (Manoj Kumar Aggarwal) �ाियक सद� / Judicial Member लेखा सद� / Accountant Member मुंबई Mumbai; िदनांक Dated : 06/01/2020 Sr.PS, Jaisy Varghese आदेशकी�ितिलिपअ�ेिषत/Copy of the Order forwarded to : अपीलाथ�/ The Appellant 1. 2. ��थ�/ The Respondent 3. आयकरआयु�(अपील) / The CIT(A) 4. आयकरआयु�/ CIT– concerned 5. िवभागीय�ितिनिध, आयकरअपीलीयअिधकरण, मुंबई/ DR, ITAT, Mumbai 6. गाड�फाईल / Guard File

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