ASST CIT CIR 2, THANE vs. SALASAR DEVELOPERS, THANE
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that since the quantum additions, on which the penalty was based, were dismissed by the ITAT in the assessee's own case, the penalty cannot stand. Therefore, the appeals filed by the Revenue are dismissed.
What were the facts?
The Assessing Officer (AO) levied penalty under Section 271(1)(c) on the assessee, a builder, for wrongly claiming deduction under Section 80IB(10). The CIT(A) deleted the penalty, holding that the assessee made a bonafide claim and disclosed complete facts.
What were the issues?
Whether penalty under Section 271(1)(c) can be levied when the underlying assessment order has been set aside or cancelled. Whether a bonafide claim of deduction with full disclosure of facts can attract penalty for furnishing inaccurate particulars.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(2)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Reliance Petroproducts Pvt. Ltd.2,228 citing322 ITR 158 · 2010 · SC · Read judgment
- K.C. Builders & Anr. v. ACIT241 citing265 ITR 562 · 2004 · SC · Read judgment
Income Tax Appellate Tribunal, MUMBAI BENCH “G” MUMBAI
Before: SHRI D.T. GARASIA & SHRI N.K. PRADHAN
ORDER PER N.K. PRADHAN, A.M. The captioned appeals filed by the Revenue are directed against the order of the Commissioner of Income Tax (Appeals)-1, Thane and arise out of the penalty levied by the Assessing Officer (AO) u/s 271(1)(c) of the Income Tax Act 1961 (the ‘Act’). As common issues are involved, we are proceeding to dispose them off through a consolidated order for the sake of convenience.
Salasar Developers 2 to 3604/Mum/2016 2. The ground raised by the Revenue in these appeals are against the order of the Ld. CIT(A) deleting the penalty levied by the AO u/s 271(1)(c) of the Act.
3. Briefly stated, the facts of the case are that the assessee-firm, a builder and developer, claimed deduction u/s 80IB(10) during the impugned assessment years. The AO rejected the claim of deduction made by the assessee by concluding that the stipulations contained in section 80IB(10) were not fulfilled. Then he levied penalty u/s 271(1)(c) on the assessee for wrongly claiming deduction u/s 80IB(10) of the Act.
4. Aggrieved by the order of the AO, the assessee filed an appeal before the Ld. CIT(A). After examining the case, the Ld. CIT(A) held “10. From the detailed facts discussed above, it is seen that the appellant had made a bonafide claim of deduction u/s 80IB(10) of the I.T. Act and partial disallowance of the same was made on difference of opinion or non- fulfillment of the prescribed condition. So long as complete facts had been disclosed by the appellant, it cannot amount to either concealment of particulars of Income for furnishing of inaccurate particulars of such income. Therefore, following my predecessor’s order dated 14.06.2012 as reproduced above and relying on the decision of Hon’ble Supreme Court in the case of CIT vs. Reliance Petro Products Ltd. 322 ITR 158 (SC), it is held that the penalty u/s 271(1)(c) of the I.T. Act could not have been levied in this case. Therefore, penalty imposed u/s 271(1)(c) of the I.T. Act in appellant’s case for all the four years is directed to be deleted.”
5. Before us, the Ld. DR relies on the order passed by the AO. On the other hand, the Ld. counsel of the assessee relies on the order passed by the Ld. CIT(A) and also the order of the ITAT ‘E’ Bench Mumbai in assessee’s own case for the AY 2004-05 to 2006-07.
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 →- Ganesh Trimbak Saraf And Another vs. The State Of Maharashtra And AnotherBombay · 26 Oct 2026
- M/S. Vajram Infra Material Industries vs. The State Of Andhra PradeshAndhra Pradesh · 26 Oct 2026
- Tyre Center vs. The Superintendent Of CGSTAndhra Pradesh · 26 Oct 2026
- M/S Monolith Resorts Private Limited vs. The CommissionerUttarakhand · 26 Oct 2026
- Sutlej Textiles And Industries Limited vs. Union Of INDIARajasthan · 26 Oct 2026