UNICORN INFOSERVICES PRIVATE LIMITED,MUMBAI vs NATIONAL FACELESS APPEALS CENTRE, NEW DELHI

Income Tax Appellate Tribunal, MUMBAI BENCH “F” MUMBAI

Before: SHRI OM PRAKASH KANT & SHRI NARENDER KUMAR CHOUDHRY

For Appellant: Mr. Vickey Chedda/Mr. Jainam Gala, Ms. Rajeshwari Menon, Sr. DR

Hearing: 06/05/2024

PER OM PRAKASH KANT, AM

This appeal by the assessee is directed against order dated 25.09.2023 passed by the Ld. Commissioner of Income-tax (Appeals) – National Faceless Appeal Centre, Delhi [in short ‘the Ld. CIT(A)’] for assessment year 2010-11 in relation to penalty under section 271(1)(c) of the Income-tax Act 1961 ( in short the ‘Act’). The relevant grounds raised by the assessee are reproduced as under:

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The Learned Commissioner of Income Tax, (Appeals), has erred by 1. The Learned Commissioner of Income Tax, (Appeals), has erred by 1. The Learned Commissioner of Income Tax, (Appeals), has erred by with regards to levying of penalty of Rs. 3,90,000/ with regards to levying of penalty of Rs. 3,90,000/- u/s 271(1)(c) of the 271(1)(c) of the Income Tax Act, 1961 for concealing particulars of income. Income Tax Act, 1961 for concealing particulars of income. 2. Before us, the assessee has also filed a copy of the additional Before us, the assessee has also filed a copy of the additional Before us, the assessee has also filed a copy of the additional grounds raised, which is reproduced as under: which is reproduced as under:

The Learned Commissioner of Income Tax, (Appeals), erred in law 1. The Learned Commissioner of Income Tax, (Appeals), erred in law 1. The Learned Commissioner of Income Tax, (Appeals), erred in law and on facts in confirming penalty u/s.271(1)(c) of the Income Tax Act, 1961; on facts in confirming penalty u/s.271(1)(c) of the Income Tax Act, 1961; on facts in confirming penalty u/s.271(1)(c) of the Income Tax Act, 1961; levied by the learned AO, without appreciating that, the learned AO has levied by the learned AO, without appreciating that, the learned levied by the learned AO, without appreciating that, the learned not mentioned any specific charge or limb for initiating penalty not mentioned any specific charge or limb for initiating penalty not mentioned any specific charge or limb for initiating penalty u/s.271(1)(c) of the Income Tax Act, 1961 in assessment order. u/s.271(1)(c) of the Income Tax Act, 1961 in assessment order. u/s.271(1)(c) of the Income Tax Act, 1961 in assessment order. 2. The Learned Commissioner of Income Tax, (Appeals), erred in law and 2. The Learned Commissioner of Income Tax, (Appeals), erred in law and 2. The Learned Commissioner of Income Tax, (Appeals), erred in law and on facts confirming penalty u/s.271(1)(c) of the Income Tax Act, 1961 on facts confirming penalty u/s.271(1)(c) of the Income Tax Act, 1961 on facts confirming penalty u/s.271(1)(c) of the Income Tax Act, 1961 levied by the learned Assessing Officer, without ap by the learned Assessing Officer, without appreciating that, the preciating that, the notice u/s.274 r.w.s.271(1)(c) dated 29/11/2018 notice u/s.274 r.w.s.271(1)(c) dated 29/11/2018, refers to both the , refers to both the limbs of section 271(1)(c) of the Income Tax Act, 1961. limbs of section 271(1)(c) of the Income Tax Act, 1961. 3. The Learned Commissioner of Income Tax, (Appeals), erred in law and 3. The Learned Commissioner of Income Tax, (Appeals), erred in law and 3. The Learned Commissioner of Income Tax, (Appeals), erred in law and on facts by taking up of penalty proceed on facts by taking up of penalty proceedings on one limb and finding the ings on one limb and finding the assessee guilty of another limb is bad in law. assessee guilty of another limb is bad in law. 3. Briefly stated facts of the case are that in the case Briefly stated facts of the case are that in the case Briefly stated facts of the case are that in the case no return of income income income was was was filed filed filed for for for the the the year year year under under under consideration. consideration. consideration. The The The reassessment proceedings were initiated by way of issue of notice reassessment proceedings were initiated by way of i reassessment proceedings were initiated by way of i u/s 148 of the Act but no return of income was filed by the u/s 148 of the Act but no return of income was filed by the u/s 148 of the Act but no return of income was filed by the assessee in response to that notice also in response to that notice also. In the reassessment In the reassessment completed, the Assessing Officer made addition of Rs.18,00,000/ the Assessing Officer made addition of Rs.18,00,000/- the Assessing Officer made addition of Rs.18,00,000/ for receipt of rent from M/s SMC Insurance Brokers Pvt. Ltd. No for receipt of rent from M/s SMC Insurance Brokers Pvt for receipt of rent from M/s SMC Insurance Brokers Pvt further appeal was preferred by the assessee further appeal was preferred by the assessee , , therefore, the Assessing Officer initiated penalty invoking section 271(1)(c) of the Assessing Officer initiated penalty invoking section 271(1)(c) of the Assessing Officer initiated penalty invoking section 271(1)(c) of the Income-tax Act, 1961 (in short ‘the Act’) and vide impugned order tax Act, 1961 (in short ‘the Act’) and vide impugned order tax Act, 1961 (in short ‘the Act’) and vide impugned order dated 30.05.2019, he levied the penalty equivale he levied the penalty equivalent to 100% of the nt to 100% of the tax evaded which was was worked to Rs.3,90,000/-. The submission of The submission of the assessee summarised by the AO are reproduced as under: the assessee summarised by the AO are reproduced as under: the assessee summarised by the AO are reproduced as under:

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“6. In response to the same, the assessee company vide letter dated 6. In response to the same, the assessee company vide letter dated 6. In response to the same, the assessee company vide letter dated 20.04.2019 has made submission which is kept on 20.04.2019 has made submission which is kept on record and is not record and is not being repeated for the sake of brevity. The assessee company in its reply being repeated for the sake of brevity. The assessee company in its reply being repeated for the sake of brevity. The assessee company in its reply has emphasized on the following points: has emphasized on the following points:- i. The company has closed down and the directors have passed The company has closed down and the directors have passed The company has closed down and the directors have passed away, were untraceable and have resigned from the Board. away, were untraceable and have resigned from the Board. away, were untraceable and have resigned from the Board. ii. The past directors were not involved in operational management past directors were not involved in operational management past directors were not involved in operational management for the relevant assessment year. for the relevant assessment year. iii. Addition of rent income of Rs. 18,00,000/ Addition of rent income of Rs. 18,00,000/ - has been accepted for has been accepted for peace of mind and to avoid further Litigation. peace of mind and to avoid further Litigation. Apart from the above the assessee company has also Apart from the above the assessee company has also Apart from the above the assessee company has also relied upon plethora of decisions, which are part of the submission and the same is plethora of decisions, which are part of the submission and the same is plethora of decisions, which are part of the submission and the same is placed on record. placed on record.” 3.1 The ld AO charged the assessee for concealing particulars of charged the assessee for concealing particulars of charged the assessee for concealing particulars of levied penalty invoking Explanation xplanation -3 below the income and levied section 271 of the Act. The of the Act. The relevant part of the order of Assessing relevant part of the order of Assessing officer is reproduced as under: officer is reproduced as under:

“21. In spite of giving several opportunities, the assessee company has 21. In spite of giving several opportunities, the assessee company has 21. In spite of giving several opportunities, the assessee company has failed to file the return of income and show the above transactions. The failed to file the return of income and show the above transactions. The failed to file the return of income and show the above transactions. The assessee company was required to file assessee company was required to file the Return of Income, to show, the the Return of Income, to show, the above income/receipts amounting above income/receipts amounting to Rs. 12,60,000/- as income of the as income of the assessee and offer it for taxation. Fence assessee and offer it for taxation. Fence penalty u/s. 271(1)(c) r.w. its penalty u/s. 271(1)(c) r.w. its explanations (3) is clearly leviable in the instant case explanations (3) is clearly leviable in the instant case. . 22. I am satisfied 22. I am satisfied that the assessee company has concealed the that the assessee company has concealed the particulars of its income and penalty is leviable for the same. The particulars of its income and penalty is leviable for the same. The particulars of its income and penalty is leviable for the same. The calculation of penalty amount on income sought to be evaded is as under: calculation of penalty amount on income sought to be evaded is as under: calculation of penalty amount on income sought to be evaded is as under: i. Amount of income sought to be evaded: Rs. 12,60,000/ Amount of income sought to be evaded: Rs. 12,60,000/ Amount of income sought to be evaded: Rs. 12,60,000/- ii. Tax @ 30% + 3% EC on income sought to be evaded is Rs. Tax @ 30% + 3% EC on income sought to be evaded is Rs. Tax @ 30% + 3% EC on income sought to be evaded is Rs. 3,89,340/ 3,89,340/ - iii. 100% of tax is Rs. 3,89,340/ 100% of tax is Rs. 3,89,340/-. iv. 300% of tax is Rs. 11,68,020/ 300% of tax is Rs. 11,68,020/-.” 3.2 The Ld. CIT(A) upheld penalty observing as under: The Ld. CIT(A) upheld penalty observing as under: The Ld. CIT(A) upheld penalty observing as under:

“7. I have considered the submission of the appellant carefully. The 7. I have considered the submission of the appellant carefully. The 7. I have considered the submission of the appellant carefully. The appellant company could not furnish anything in support of its contention appellant company could not furnish anything in support of its contention appellant company could not furnish anything in support of its contention that why the penalty u/s 271(1)(c) should have not been levied by the Id. that why the penalty u/s 271(1)(c) should have not been levied by the Id. that why the penalty u/s 271(1)(c) should have not been levied by the Id. AO. During the assessment proceedings, the Id. AO, after considering the AO. During the assessment proceedings, the Id. AO, after considering the AO. During the assessment proceedings, the Id. AO, after considering the facts of the case made addition of facts of the case made addition of Rs. 18,00,000/- under the head under the head Income from House Property. The appellant had accepted the addition Income from House Property. The appellant had accepted the addition Income from House Property. The appellant had accepted the addition

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and did not file appeal against it. Not filing of appeal against the addition and did not file appeal against it. Not filing of appeal against the addition and did not file appeal against it. Not filing of appeal against the addition or accepting the addition made the Id. AO during the assessment or accepting the addition made the Id. AO during the assessment or accepting the addition made the Id. AO during the assessment proceedings do proceedings do not absolve the appellant company from levying of not absolve the appellant company from levying of penalty u/s 271(1)(c). From the submission and acceptable of the penalty u/s 271(1)(c). From the submission and acceptable of the penalty u/s 271(1)(c). From the submission and acceptable of the appellant it transpires that the appellant had suppressed its income appellant had suppressed its income appellant it transpires that the by furnishing inaccurate particulars of income by furnishing inaccurate particulars of income by furnishing inaccurate particulars of income during the assessment yea assessment year under reference. Therefore, the penalty order passed by r under reference. Therefore, the penalty order passed by the Id. AO u/s 271(1)(c) deserves to be upheld and sustained. the Id. AO u/s 271(1)(c) deserves to be upheld and sustained. the Id. AO u/s 271(1)(c) deserves to be upheld and sustained. Accordingly, ground no. 1 of the appeal is dismissed and not allowed. Accordingly, ground no. 1 of the appeal is dismissed and not allowed. Accordingly, ground no. 1 of the appeal is dismissed and not allowed.” 4. Before us, referring to the regular grounds, the Ld. counsel for Before us, referring to the regular grounds, the Ld. counsel for Before us, referring to the regular grounds, the Ld. counsel for the assessee submitted that there was a bona fide reason for non- the assessee submitted that there was a bona fide reason for non the assessee submitted that there was a bona fide reason for non filing of the return of income in response to the notice u/s filing of the return of income in response to the notice u/s filing of the return of income in response to the notice u/s 139(1)/148 of the Act. He submitted that business operations of t 148 of the Act. He submitted that business operations of t 148 of the Act. He submitted that business operations of the company were closed down and the Board of Directors at the closed down and the Board of Directors at the time closed down and the Board of Directors at the of the closure comprised of Mr. Deepak Raichand Shah and Mr. of the closure comprised of Mr. Deepak Raichand Shah and Mr. of the closure comprised of Mr. Deepak Raichand Shah and Mr. Harish Dhanji Bhanderi of which Mr. Deepak Shah has passed Harish Dhanji Bhanderi of which Mr. Deepak Shah has passed Harish Dhanji Bhanderi of which Mr. Deepak Shah has passed away and Mr. Harish Bhanderi away and Mr. Harish Bhanderi was untraceable whereas the past untraceable whereas the past r i.e. Kalpesh Shah, Mr Chintan Bharat Pandhya Pandhya, Lopesh director i.e. Kalpesh Shah, Vora and Manish Sawant had Vora and Manish Sawant had already resigned from the Board of resigned from the Board of the assessee company. the assessee company. The company was ‘strike’ off from the record The company was ‘strike’ off from the record of Ministry of Company Affairs (MCA) portal. of Ministry of Company Affairs (MCA) portal. The ld Counsel The ld Counsel submitted that during the course of reassessment proceedings , during the course of reassessment proceedings , during the course of reassessment proceedings , a show cause notice was served by the AO on the address of ‘Mr show cause notice was served by the AO on the address of ‘Mr show cause notice was served by the AO on the address of ‘Mr Chintan Bharat Padhya’ for Chintan Bharat Padhya’ for the first time on 16/11/2018 on 16/11/2018 and before he could understand the queries raised and contact with before he could understand the queries raised and contact with before he could understand the queries raised and contact with other erstwhile director ectors for responding, the Assessing officer for responding, the Assessing officer passed the assessment order on 27/11/2018. passed the assessment order on 27/11/2018. The Ld. counsel The Ld. counsel for the assessee produce the assessee produced a copy of the affidavit by ‘Shri Kalpesh Shah Shri Kalpesh Shah’ ( i.e. who was authorized to represent the case of the assessee who was authorized to represent the case of the assessee ) who was authorized to represent the case of the assessee

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before the Ld. CIT(A) . CIT(A). In said affidavit, it is submitted . In said affidavit, it is submitted that due to non-availability of the availability of the ‘password’ for the Income-tax Portal and not tax Portal and not aware of the e-mail ID or mobile number registered on the mail ID or mobile number registered on the mail ID or mobile number registered on the Income- comply the notices of the Income- tax portal, the assessee could not , the assessee could not comply the notices of the Inco tax department. It is further mentioned in affidavit that t It is further mentioned in affidavit that the address It is further mentioned in affidavit that t mentioned in the notices was mentioned in the notices was also no longer belonging to the also no longer belonging to the company but to avoid litigation and to buy mental peace to avoid litigation and to buy mental peace to avoid litigation and to buy mental peace, the assessee company accepted assessee company accepted and paid the demand raised in the the demand raised in the assessment order.

On the contrary, the Ld. Departmental Representative (DR) On the contrary, the Ld. Departmental Representative (DR) On the contrary, the Ld. Departmental Representative (DR) submitted that assessee submitted that assessee has failed to justify the bona has failed to justify the bonafide reason for not filing of return of income, therefore not filing of return of income, therefore penalty has been validly penalty has been validly levied of the Assessing Officer and sustained by the Ld. CIT(A). Assessing Officer and sustained by the Ld. CIT(A). Assessing Officer and sustained by the Ld. CIT(A).

We have heard rival submission of the parties and perused the We have heard rival submission of the parties and perused the We have heard rival submission of the parties and perused the relevant material on record. The penalty in the case has been levied relevant material on record. The penalty in the case has been levied relevant material on record. The penalty in the case has been levied by the AO invoking invoking deeming provisions of Explantion Explantion-3 below section 271(1)(c) of the Act for 1(1)(c) of the Act for charges of concealing particulars of concealing particulars of its income. However, the Ld. CIT(A) has sustained the penalty for its income. However, the Ld. CIT(A) has sustained the penalty for its income. However, the Ld. CIT(A) has sustained the penalty for furnishing inaccurate particulars of the income. furnishing inaccurate particulars of the income. Therefore, there is Therefore, there is a diversion in the charges under which the penalty has been in the charges under which the penalty has been in the charges under which the penalty has been sustained by the Ld. CIT(A). Further, ustained by the Ld. CIT(A). Further, we find that as per we find that as per Explanation-3 below 3 below the section 271(1) of the Act the section 271(1) of the Act if the assessee fails to submit return of income fails to submit return of income u/s 139 of the Act u/s 139 of the Act without reasonable cause within the period prescribed u/s 153(1) of the Act within the period prescribed u/s 153(1) of the Act within the period prescribed u/s 153(1) of the Act

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despite being taxable income, then, the assessee is deemed to have te being taxable income, then, the assessee is deemed to have te being taxable income, then, the assessee is deemed to have concealed the particulars of income. concealed the particulars of income. The relevant Explanation The relevant Explanation-3 is reproduced as under: reproduced as under:

“Explanation 3. Explanation 3.—Where any person fails, without reasonable Where any person fails, without reasonable cause, to furnish within the period specified cause, to furnish within the period specified in sub-section (1) section (1) of section 153 section 153 a return of his income which he is required to a return of his income which he is required to furnish under section 139 in respect of any assessment year in respect of any assessment year commencing on or after the 1st day of April, 1989, and until the commencing on or after the 1st day of April, 1989, and until the commencing on or after the 1st day of April, 1989, and until the expiry of the period aforesaid, no notice has been issued expiry of the period aforesaid, no notice has been issued expiry of the period aforesaid, no notice has been issued to him under clause (i) of sub under clause (i) of sub-section (1) of section 142 or section 148 and the Assessing Officer or the d the Assessing Officer or the [Joint Commissioner [Joint Commissioner (Appeals) or the] (Appeals) or the] Commissioner (Appeals) is satisfied that in respect Commissioner (Appeals) is satisfied that in respect of such assessment year such person has taxable income, then, of such assessment year such person has taxable income, then, of such assessment year such person has taxable income, then, such person shall, for the purposes of clause (c) of this sub such person shall, for the purposes of clause (c) of this sub- -section, be deemed to have concealed the particulars of his income in deemed to have concealed the particulars of his income in deemed to have concealed the particulars of his income in respect of such assessment year, notwithstanding that such person respect of such assessment year, notwithstanding that such person respect of such assessment year, notwithstanding that such person furnishes a return of his income at any time after the expiry of the furnishes a return of his income at any time after the expiry of the furnishes a return of his income at any time after the expiry of the period aforesaid in pursuance of a notice under period aforesaid in pursuance of a notice under section 148 section 148.” 7.1 We find that in the instant case, the assessee has explained We find that in the instant case, the assessee has explained We find that in the instant case, the assessee has explained the circumstances as mentioned above as mentioned above under which return of under which return of income could not be filed income could not be filed u/s 139 of the Act within ct within the time limit prescribed under section 153(1) of the Act. ribed under section 153(1) of the Act. The ld Counsel has The ld Counsel has submitted that assessment order has been passed within a period submitted that assessment order has been passed within a period submitted that assessment order has been passed within a period of 11 days of service of show cause notice for first time. Further, a of 11 days of service of show cause notice for first time. Further, a of 11 days of service of show cause notice for first time. Further, a copy of message received from Inco copy of message received from Income-tax Department regarding tax Department regarding difficulty faced on income difficulty faced on income-tax portal, is evident from message is evident from message extracted below:

“DONOTREPLY@incometaxindiaefiling.gov.in<DONOTREPLY@in “DONOTREPLY@incometaxindiaefiling.gov.in<DONOTREPLY@in “DONOTREPLY@incometaxindiaefiling.gov.in<DONOTREPLY@in cometaxindiaefiling.gov.in cometaxindiaefiling.gov.in To:khconsultants@yahoo.co.uk To:khconsultants@yahoo.co.uk 14 Feb at 16:44 14 Feb at 16:44 Dear Taxpayer, Dear Taxpayer,

Unicorn Infoservices Pvt. Ltd. Unicorn Infoservices Pvt. Ltd. 7 ITA No. 4190/MUM/2023

Greetings from e Greetings from e-Filing Helpdesk. e-Filing Request Number 6627104709 is Resolved. Filing Request Number 6627104709 is Resolved. Issue Description: Issue Description: On 11-02-19 02:43 PM, kalpesh shah wrote: Dear Sir/Madam, 19 02:43 PM, kalpesh shah wrote: Dear Sir/Madam, 19 02:43 PM, kalpesh shah wrote: Dear Sir/Madam, In reference to the e In reference to the e - filing request no - 6621251154, We would 6621251154, We would like to state that in case of M/ like to state that in case of M/s Unicorn Infoservices Private s Unicorn Infoservices Private Limited (PAN: AAACU9136A) we are unable to login on the Limited (PAN: AAACU9136A) we are unable to login on the Limited (PAN: AAACU9136A) we are unable to login on the efiling portal of Income Tax Detailed reasoning regarding the efiling portal of Income Tax Detailed reasoning regarding the efiling portal of Income Tax Detailed reasoning regarding the same is attached hereunder For providing the solution you can same is attached hereunder For providing the solution you can same is attached hereunder For providing the solution you can mail us at : hiren_sanghvi_ca@yahoo.co.in, kh hiren_sanghvi_ca@yahoo.co.in, khconsultants@yahoo.co.uk Or consultants@yahoo.co.uk Or Contact CA Ekta Gala: 9137728988 Kindly provide the solution Contact CA Ekta Gala: 9137728988 Kindly provide the solution Contact CA Ekta Gala: 9137728988 Kindly provide the solution at earliest so that necessary actions can be initiated find the at earliest so that necessary actions can be initiated find the at earliest so that necessary actions can be initiated find the enclosure. Regards, Hiren Sanghvi & Associates 314, Jogani enclosure. Regards, Hiren Sanghvi & Associates 314, Jogani enclosure. Regards, Hiren Sanghvi & Associates 314, Jogani Industrial Estate, S.B. Marg, Dadar(W), Mumba Industrial Estate, S.B. Marg, Dadar(W), Mumbai-400028. Tel 400028. Tel no.022-66618933, 66618933, 022-24378933 022 022-24384848. 24384848. 022- 022 66625362 http://hirensanghviassociates.icai.org.in 66625362 http://hirensanghviassociates.icai.org.in Resolution Inputs: Resolution Inputs: Dear Taxpayer Your request for password reset is presently not Dear Taxpayer Your request for password reset is presently not Dear Taxpayer Your request for password reset is presently not approved for the following reasons. 1. All required documents approved for the following reasons. 1. All required documents approved for the following reasons. 1. All required documents are not submitted. 2. In the letter submitted it is stated that the are not submitted. 2. In the letter submitted it is stated that the are not submitted. 2. In the letter submitted it is stated that the company has closed down its business. The status of the company has closed down its business. The status of the company has closed down its business. The status of the Company is also shown as "Strike Off" till date as verified from Company is also shown as "Strike Off" till date as verified from Company is also shown as "Strike Off" till date as verified from the MCA portal. the MCA portal. As the company has closed down its business, the u As the company has closed down its business, the u As the company has closed down its business, the user can register as Representative Assessee'. In this connection, please register as Representative Assessee'. In this connection, please register as Representative Assessee'. In this connection, please go through the help menu of filing portal to register as go through the help menu of filing portal to register as go through the help menu of filing portal to register as 'Representative Assessee ' if the business is discontinued or 'Representative Assessee ' if the business is discontinued or 'Representative Assessee ' if the business is discontinued or closed. Regards e closed. Regards e-filing Team Note: This is a system Note: This is a system-generated e-mail. Please do not respond mail. Please do not respond to this mail. If the Resolution provided is not satisfactory, you may please If the Resolution provided is not satisfactory, you may please If the Resolution provided is not satisfactory, you may please re-open open open the the the request request request after after after logging logging logging into into into https://incometaxindiaefiling.gov.in.” https://incometaxindiaefiling.gov.in.” 7.2 In our opinion, , in view of difficulty in filing online return difficulty in filing online return / appeal due to technical reason due to technical reasons, there exit a ‘reasonable cause’ in here exit a ‘reasonable cause’ in not filing the return of income within the limitation prescribed , not filing the return of income within the limitation prescribed not filing the return of income within the limitation prescribed therefore, no penalty should be imposed in such circumstances. , no penalty should be imposed in such circumstances. , no penalty should be imposed in such circumstances. The penalty levied by the Assessing Officer and sustained by the Ld. The penalty levied by the Assessing Officer and sustained by t The penalty levied by the Assessing Officer and sustained by t CIT(A) is accordingly cancelled CIT(A) is accordingly cancelled in view of Explanation in view of Explanation -3 below

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section 271 of Act. In the result, the regular ground raised by the . In the result, the regular ground raised by the . In the result, the regular ground raised by the assessee is allowed. Since, we have already cancelled the penalty, allowed. Since, we have already cancelled the penalty, allowed. Since, we have already cancelled the penalty, the additional ground the additional grounds raised by the assessee are merely rendered merely rendered academic and therefore, we are not adjudicating upon the same. academic and therefore, we are not adjudicating upon the same. academic and therefore, we are not adjudicating upon the same.

In the result, the appeal of the assessee is allowed. In the result, the appeal of the assessee is allowed. In the result, the appeal of the assessee is allowed.

Order pronounced in the open Court on nced in the open Court on 06/05 /05/2024.

Sd/- Sd/ Sd/- (NARENDER KUMAR CHOUDHRY NARENDER KUMAR CHOUDHRY) (OM PRAKASH KANT OM PRAKASH KANT) JUDICIAL MEMBER JUDICIAL MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER Mumbai; Dated: 06/05/2024 Rahul Sharma, Sr. P.S. Copy of the Order forwarded to Copy of the Order forwarded to : 1. The Appellant 2. The Respondent. 3. CIT 4. DR, ITAT, Mumbai 5. Guard file. BY ORDER, BY ORDER, //True Copy// (Assistant Registrar) (Assistant Registrar) ITAT, Mumbai ITAT, Mumbai

UNICORN INFOSERVICES PRIVATE LIMITED,MUMBAI vs. NATIONAL FACELESS APPEALS CENTRE, NEW DELHI