KAMLA LANDMARC PROPERTIES,MUMBAI vs. ASST CIT 21(1), MUMBAI
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal upheld the order of the CIT(A) after considering the merits of the case and hearing the Departmental Representative. No grounds were found to controvert the CIT(A)'s findings.
What were the facts?
The assessee appealed against the confirmation of a penalty by the CIT(A) for the assessment year 2010-11. The assessee or its representative did not appear for the hearing despite proper notice.
What were the issues?
The primary issue was whether the penalty levied under Section 271(1)(c) and confirmed by the CIT(A) was justified. The assessee's non-appearance also played a role in the proceedings.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, MUMBAI BENCH “H”, MUMBAI
Before: SHRI C.N. PRASAD & SHRI RAJESH KUMAR
Per Rajesh Kumar, Accountant Member:
The present appeal has been preferred by the assessee against the order dated 10.09.2014 of the Commissioner of Income Tax (Appeals) [hereinafter referred to as the CIT(A)] relevant to assessment year 2010-11.
The only issue raised by the assessee in the grounds of appeal is against the confirmation of penalty of 17,38,125/- by Ld. CIT(A) as levied by the AO under section 271(1)(c) of the Income Tax Act.
At the outset, we would like to mention that neither the assessee nor its authorised representative appeared before
2 M/s. Kamla Landmarc Properties the Bench when the case was called up for hearing nor any application for adjournment was filed despite service of notice through RPAD. We have noted that the case of the assessee was fixed on various dates for 22.12.16, 15.05.17, 19.09.17, 24.10.17 and 06.03.18 but none appeared on behalf of the assessee. Under these circumstances, we have no option but to dispose off the matter after considering the merits of the case and after hearing the Ld. D.R.
The Ld. D.R., vehemently submitted before us that the issue involved in the appeal is qua the upholding of penalty by Ld. CIT(A) who has passed the appellate order after considering the merits in this case and therefore, the same should be upheld.
Having heard the ld DR and perusing relevant records as placed before us , we find that the Ld. CIT(A) has considered the contentions and arguments of the assessee and decided the issue on merits. After perusing the facts before us, we are of the considered view that the finding of Ld. CIT(A) appears to be correct and there is nothing before us to controvert the said findings. Under these circumstances, we are inclined to uphold the order of Ld. CIT(A). Accordingly, the appeal of the assessee is dismissed.
Order pronounced in the open court on 10.04.2018.
More judgments on Section 271(1)(c)
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- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2370/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2369/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
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