LUMIS BIOTECH PRIVATE LIMITED,TARDEO vs. DY. COMMISSIONER OF INCOME TAX 7(1)(1), AYAKAR BHAVAN

ITA 493/MUM/2024Status: DisposedITAT Mumbai31 July 2024AY 2015-2016Bench: SHRI NARENDER KUMAR CHOUDHRY (Judicial Member), SHRI GAGAN GOYAL (Accountant Member)1 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal acknowledged the assessee's failure to comply despite multiple opportunities, stating that no leniency is deserved. However, to ensure proper adjudication of the issues due to lack of relevant submissions, the case was remanded to the Ld. Commissioner for a fresh decision on merits, providing the assessee a reasonable opportunity to present its case.

What were the facts?

The assessee challenged a penalty levied under Section 271(1)(c) of the Income Tax Act, 1961, for the Assessment Year 2015-16. The penalty was imposed due to the disallowance of Rs. 52,05,828/- under "weight deduction" and foreign travel expenses. The assessee's appeal before the Ld. Commissioner was dismissed ex-parte due to non-compliance and failure to respond to notices.

What were the issues?

Whether the ex-parte order of penalty by the Ld. Commissioner was justified, considering the assessee's reasons for non-appearance and the need for a proper adjudication of the merits of the disallowance and penalty.

Which sections of the Income-tax Act were involved?

Section 271(1)(c),Section 35(2)(AB),Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “A”, MUMBAI

Before: SHRI NARENDER KUMAR CHOUDHRY & SHRI GAGAN GOYAL

For Appellant: Shri Hitesh P. Shah, A.R
For Respondent: Shri Manoj Kumar Sinha, Sr. DR

Per : Narender Kumar Choudhry, Judicial Member:

This appeal has been preferred by the Assessee against the order dated 05.12.2023, impugned herein, passed by the National Faceless Appeal Center (NFAC)/ Ld. Commissioner of Income Tax (Appeals) (in short Ld. Commissioner) under section 250 of the Income Tax Act, 1961 (in short ‘the Act’) for the A.Y. 2015-16. 2. In the instant case, a penalty to the tune of Rs.16,41,620/- was levied u/s 271(1)(c) of the Act on account of disallowance of Rs.52,05,828/- under the head “weight deduction” u/s 35(2)(AB) and foreign travel expenses.

3.

Th

The order continues below.

Read the full judgment

A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.

Create a free accountSign in

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

More judgments on Section 271(1)(c)

All 25,141 judgments and leading authorities on Section 271(1)(c) →

Recent GST High Court judgments

Search GST case law →