BALAJI SINGH TEEKA,MUMBAI vs. ITO (IT) 4(1)(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 CIT(A)'s direction to the Assessing Officer to re-initiate penalty proceedings, either to impose or drop them, based on the quantum appeal order. The assessee's contention that the CIT(A) should have decided on residential property penalties directly was not accepted.
What were the facts?
The assessee filed appeals against orders restoring penalty proceedings to the Assessing Officer. The Tribunal had previously deleted additions related to commercial properties, but penalty proceedings were initiated on additions from both commercial and residential properties.
What were the issues?
Whether the CIT(A) was correct in restoring penalty proceedings to the Assessing Officer instead of deciding the penalty on residential property additions himself.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, MUMBAI BENCHES “G”, MUMBAI
Before: Shri C Nagendra Prasad & Dr Arjun Lal Saini
Heard together (6 matters)
Read from the judgment's own cause title. This page is filed under one of them.
O R D E R Per Bench:
All these appeals have been filed by the assessee against different orders of the CIT(A)-55, Mumbai, dated 18.05.2016, in restoring the penalty proceedings to the Assessing Officer and in directing to initiate the proceedings - impose/drop the proceedings after giving effect to the order of the ITAT.
At the outset, the learned counsel for the assessee, vide letter dated 22.02.2018, requested to withdraw appeals filed by the assessee in for A.Y. 2004-05 and ITA No. 5456/Mum/2016 for A.Y. 2006-07, stating that after the order of the Hon’ble Tribunal in the quantum appeal, the addition has been reduced to ‘nil’ and, hence, there cannot be any penalty for these two years.
The learned counsel for the assessee further submitted that the appeal by the assessee against the quantum additions has been disposed of by the Tribunal for A.Ys 2003-04 to 2009-10 in to 5483/Mum/2013 by order dated 31.07.2015, deleting the addition made by the Assessing Officer in respect of the Annual Letting Value of the commercial properties let out by the assessee. The learned counsel for the assessee submitted before us that the appeals preferred before the learned CIT(A) against imposition of penalty have been taken up for hearing and the learned CIT(A) restored the penalty proceedings to the file of the Assessing Officer to initiate the proceedings – either to impose or drop the penalty, after giving effect to the order of the Tribunal. The learned counsel for the assessee submitted that the grievance of the assessee in the appeals filed against the order of the learned CIT(A) restoring the penalty proceedings to the Assessing Officer is the assessee did not contest the addition made by the Assessing Officer in respect of residential properties i.e. in computing the Annual Letting Value in respect of residential properties but had contested only the addition made with respect to the commercial properties and, therefore, the CIT(A) should not have restored the penalty proceedings to the Assessing Officer instead he himself should have decided. The learned counsel further submitted that the Tribunal in its order has dealt with the addition in respect of commercial properties and, therefore, it is submitted before us that the CIT(A) should not have restored the penalty proceedings to the Assessing Officer in respect of the addition made on residential properties. It is the contention of the learned counsel that the CIT(A) should have decided the imposition of penalty on residential properties instead of remitting the same to the Assessing Officer.
The learned DR before us submitted that since the learned CIT(A) has restored the penalty proceedings to the Assessing Officer to initiate the proceedings - either to impose or drop the penalty, based on the order of the Tribunal, there should not be any grievance to the assessee.
We have heard the rival submissions and have perused the orders of the authorities below. We find that the Assessing Officer imposed penalty on the addition made on account of income from house property in respect of the assets let out by the assessee, both commercial as well as residential. The assessee contested the addition i.e. estimating the Annual Letting Value in respect of commercial properties and the Tribunal by its common order for the assessment years 2003-04 to 2009-10, dated 31.07.2015, deleted the additions. When the penalty appeals came up before the CIT(A), the CIT(A) taking note of the fact that the Tribunal deleted the additions in respect of commercial properties restored the penalty proceedings for initiation either to impose/drop the proceedings of penalty after giving effect to the order of the Tribunal. However, it is the contention of the learned counsel that the CIT(A) should have decided the imposition of penalty on the addition made in respect of residential properties, which were not contested in the quantum appeals. On a perusal of the assessment order as well as penalty order, we find that the penalty was initiated on the addition made towards income from house property, which consisted of both commercial and residential properties. On a perusal of the CIT(A)’s order, we do not find any infirmity in directing the Assessing Officer to re-initiate the proceedings to impose/drop the proceedings of penalty based on the order of the Tribunal as the Tribunal has already deleted the addition partially. The apprehension of the assessee probably was that the CIT(A) directed to initiate the penalty proceedings again. The finding /direction of the CIT(A) is very clear in as much as the direction is only to re-initiate the proceedings either to impose or drop the proceedings of penalty. The Assessing Officer shall take a decision either to impose or drop the penalty proceedings based on the observations made by the Tribunal in the quantum proceedings. In the circumstances, we do not seen any valid reason to interfere with the directions given by the learned CIT(A).
In the result, the appeals filed by the assessee for assessment years 2003-04, 2005-06, 2008-09 and 2009-10 are dismissed and the appeals for the assessment years 2004-05 and 2006-07 are dismissed as withdrawn.
More judgments on Section 271(1)(c)
- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
- Shalin Jayantbhai Desai, Vadodara vs ACIT, Circle-4(2), Vadodara Present…ITA 2569/AHD/2026[2010-11]Status: Disposed19 Oct 2026AY 2010-11
- 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
Recent GST High Court judgments
Search GST case law →- Sri Hardik Gowda vs. Sri Jayaram PKarnataka · 3 Nov 2026
- Shiv Ram vs. State Of Hp And OrsHimachal Pradesh · 3 Nov 2026
- M/S Ampl Resources PVT. LTD., Through Sri Om Prakash Pareek, Authorised Signatory vs. The State Of JharkhandJharkhand · 3 Nov 2026
- Saleem vs. The Union Of INDIA And 4 OrsGauhati · 3 Nov 2026
- Ms R Ess Iron And Steel PVT LTD vs. Union Of INDIA And OrsGauhati · 3 Nov 2026