BHARAT DIAMOND BOURSE,MUMBAI vs. ITO (E) WD 1(1), MUMBAI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that since the quantum of assessment for the relevant assessment year had been set aside by the ITAT, the penalty could not stand. Therefore, the penalty was deleted.
What were the facts?
The assessee claimed exemption under Section 11, but its object was hit by Section 2(15). Consequently, its registration under Section 12A was withdrawn, and a penalty was imposed. The CIT(A) confirmed the penalty.
What were the issues?
Whether penalty under Section 271(1)(c) can be sustained when the primary assessment order on which it is based has been set aside. The applicability of Section 2(15) to the assessee's objects.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “B” BENCH, MUMBAI
Before: SHRI RAJENDRA, AM & SHRI AMARJIT SINGH, JM
O R D E R
PER AMARJIT SINGH, JM:
The assessee has filed the present appeal against the order dated 10.12.2015 passed by the Commissioner of Income Tax (Appeals)-1, Mumbai [hereinafter referred to as the “CIT(A)”] relevant to the A.Y.2009- 10.
The assessee has raised the following grounds:- “
1.
1. PENALTY UNDFR SECT1ON 27l(l)(C) OF THE ACT Rs,1,61,28,828/-: 1.1 On the facts and in the circumstances of the case and in law, the learned Commissioner of Income-tax (Appeals) [CIT(A)] erred in A.Y. 2009-10 upholding the penalty of Ks. 1,61,28,828/- levied by the learned Assessing Officer under Section 27l(l)(c) of the Act, 1.2 The learned Assessing Officer and the learned CIT(A) failed to appreciate the submissions made and explanation offered by the appellant in respect of the non-applicability of the Proviso to Section 2(15) of the Act in the case of the appellant, 13 The learned CIT (A) erred on the facts and in law in confirming the levied by the assessing officer under section 271 (1) (c) of the Act which was. initiated for furnishing inaccurate particulars of income whereas the penalty was levied for concealment of income. It is submitted that the appellant has neither concealed any income nor furnished any inaccurate particulars of income and hence the provisions of Section 271(l)(c) of the Act are not attracted on the facts and in the circumstances of the case. 1.4. On the facts and in the circumstances of the case and in law, the learned CIT (A) is not justified in confirming the penalty levied under section 271 (1} (c) of the Act which was barred by limitation. 1
6. On the facts and in the circumstances of the case and in law, the learned CIT (A) erred in confirming the penalty levied by the Assessing Officer under section 271 (1) (c) of the Act for the issues which are debatable. The appellant prays your honour to kindly cancel/delete the penalty levied u/s 271(1)(c) of the Act as the same is unwarranted, unreasonable and unjustified.” The brief facts of the case are that the assessee filed its return of 3. income on 29.09.2009 declaring total income to the tune of Rs.Nil/- after claiming exemption u/s 11 of the I.T. Act, 1961 for the A.Y. 2009-10. The assessment order u/s 143(3)(ii) of the Act was passed on 30.12.2011 assessing the income of the assessee to the tune of Rs.4,77,68,350/-. The claim of the assessee was denied u/s 11 of the Act as the object of the assessee was hit by the provision of Section 2(15) of the I.T. Act, 1961. Consequently, registration u/s 12A of the Act was withdrawn by the DIT(E), Mumbai. The penalty proceeding was initiated. Notice was given to the assessee and after the reply of ITA. No.1356/M/2016 A.Y. 2009-10
More judgments on Section 2(15)
- Ss Early Learning Society, Hyderabad vs CIT (Exemption), HyderabadITA 1208/HYD/2025[2026-27]Status: Disposed16 Oct 2026AY 2026-27
- Yashaswi Academy for Skills, Pune vs PCIT (Central), PuneITA 2448/PUN/2026[NA]Status: Disposed13 Oct 2026
- Yashaswi Academy for Skills, Pune vs PCIT (Central), PuneITA 2447/PUN/2026[NA]Status: Disposed13 Oct 2026
- Punjab Urban Planning and Development… vs Income Tax Officer, Ward 6(1), MohaliITA 636/CHANDI/2024[2021-22]Status: Disposed1 Oct 2026AY 2021-22
- Punjab Urban Planning and Development… vs Deputy Commissioner of Income Tax, Circle…ITA 635/CHANDI/2024[2017-18]Status: Disposed1 Oct 2026AY 2017-18
Recent GST High Court judgments
Search GST case law →- Akshaya Consortium vs. The Assistant Commissioner (St)Andhra Pradesh · 28 Oct 2026
- Dipanshu Aggarwal vs. Director General Of GST IntelligenceDelhi · 28 Oct 2026
- Dezinetree Projects PVT. LTD. vs. Spokes Digital Inc And AnrDelhi · 28 Oct 2026
- Jaydeep Jayantilal Hudaka vs. State Of GujaratGujarat · 28 Oct 2026
- Commissioner/Additional Commissioner Of Central Tax vs. M/S INDIA Agro Exports Private LimitedKarnataka · 28 Oct 2026