ABPS INFRASTRUCTURE ADVISORY PVT. LTD.,MUMBAI vs. ITO 9(1)(1), MUMBAI

आदेशानुसार/ BY ORDER, स�ािपत �ित //True Copy// उप/सहायक पंजीकार (Dy./Asstt. Registrar) आयकर अपीलीय अिधकरण, मुंबई / ITAT, Mumbai

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “A”, MUMBAI BEFORE SHRI MAHAVIR PRASAD, JUDICIAL MEMBER AND SHRI S RAIFAUR RAHMAN, ACCOUNTANT MEMBER ABPS Infrastructure Advisory Pvt. vs. ITO, Ltd. Ward-9(1)(1), Mumbai. 301, Town Centre II, Andheri-Kurla Road, Andheri (East.) Mumbai-400 059 PAN : AAFCA9008A (Respondent) (Appellant)

C O R R I G E N D U M

While passing the order dated 6th November 2019, in the aforesaid Income Tax Appeal, inadvertently a mistake has crept at Para 5, which now stands corrected and the same may be read as under: -

“5. We have gone through the impugned order and heard both the parties in our opinion penalty can be imposed on two counts if assessee has given inaccurate particular or has concealed income from the Department only then penalty can be levied and penalty proceeding depend upon the facts and circumstances of the each case. In some cases, if assessee merely because agree to the addition and the assessment order was passed on the basis of such addition and when assessee have paid tax and Assessment Year: 2012-13 the interest therefore in the absence of any material on record to show the concealment of income, it cannot be inferred that addition was on account of concealment. Moreover, the assessee had offered an explanation and that explanation was not found to be false on the contrary, it was held to be bona fide.’ The order dated 6th November 2019, is modified to this extent only.