M/S MULTITECH TOWERS PVT. LTD.,CHANDIGARH vs. DCIT, CHANDIGARH
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that since the assessee had paid the taxes and interest before the penalty was levied, the penalty was not sustainable. The Revenue's cross-objections were dismissed as time-barred and not maintainable.
What were the facts?
The assessee paid taxes and interest before the penalty was levied. The Revenue filed cross-objections which were found to be time-barred and below the monetary limit for appeals.
What were the issues?
Whether penalty under Section 271AAA is leviable when taxes and interest on surrendered income are paid before levy. Whether the Revenue's cross-objections are maintainable.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)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.
- ACIT v. Gebilal Kanhaialal HUF28 citing348 ITR 561 · 2012 · SC
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
आदेश/Order
Per Sanjay Garg, Judicial Member:
The present appeal by the assessee and corresponding Cross Objections (C.O.) by the Revenue are against the order dated 14.3.2016 of the Commissioner of Income Tax (Appeals)-3, Gurgaon [hereinafter referred to as CIT(A)].
ITA No. -733/Chd/2016 & C.O. 48/Chd/2017 Multitech Towers Pvt.Ltd, Chandigarh 2
ITA No. 733/Chd/2016 – assessee’s appeal
The assessee in this case has agitated the levy of penalty u/s
271AAA of the Income-tax Act, 1961 (in short 'the Act') for non-payment
of tax by the due date.
At the outset, Ld. Counsel for the assessee has submitted that the
assessee had already paid the taxes before levy of penalty in question. That
the issue is squarely covered in favour of the assessee by the decision of
the Hon'ble Supreme Court in the case of ‘ACIT Vs. Gebilal Kanhaialal,
HUF’ [2012] 348 ITR 561 (SC) .
The Ld. DR could not produce any distinguishing case laws. It is
pertinent to mention that in the case of ‘ACIT Vs. Gebilal Kanhaialal,
HUF’ (supra) the issue was relating to the imposition of penalty in the
light of the clause (2) of explanation 5 of section 271(1)(c) of the
Income-tax Act, 1961, wherein, the requirement was that the assessee must
pay the due taxes and interest on the surrendered income. Though the
penalty levied in the present case is u/s 271AAA of the Income-tax Act,
1961, however, the issue is the same that the assessee must pay the taxes
and interest on the surrendered income. Since the assessee before the levy
of penalty has already paid the taxes and interest thereupon, hence, in the
light of the decision of the Hon'ble Supreme Court in the case of ‘ACIT
Vs. Gebilal Kanhaialal, HUF’ (supra), the penalty levied by the lower
authorities is not sustainable and the same is accordingly ordered to be
deleted.
C.O. No.48/Chd/2017 – by the Revenue
Now coming to the Cross objections of the Revenue, it is found that
the same is time barred by 385 days. The Revenue in the Cross objections,
ITA No. -733/Chd/2016 & C.O. 48/Chd/2017 Multitech Towers Pvt.Ltd, Chandigarh 3
however, has agitated the findings of the Ld. CIT(A) on the issue that the assessee has not disclosed the manner of the earning of the undisclosed income which is one of the requirement of the provisions of section 271AAA of the Act to escape reasons of the penalty.
The Ld. counsel for the assessee has brought our attention to the Circular No.3 / 2018 of the CBDT dated 11.7.2018 prescribing monetary limit for filing the appeal, wherein, in para 12 of the circular it has also
been clarified that the aforesaid monetary limit will also apply to the Cross objections u/s 253(4) of the Act.
In view of this, since on the monetary limit of the penalty, even if
the Revenue would succeed on this issue, is below the prescribed limit, hence, otherwise the Cross objections of the Revenue are not maintainable. In view of this, the Cross Objections raised by the Revenue are dismissed. In the result, the appeal of the assessee is allowed, whereas, the Cross objection of the Revenue stands dismissed. Order pronounced in the Open Court on 20.11.2018.
Sd/- Sd/- (अ�नपूणा� गु�ता / ANNAPURNA GUPTA) (संजय गग� / SANJAY GARG) लेखा सद�य/ Accountant Member �या�यक सद�य/ Judicial Member Dated : 20.11.2018 “आर.के.” आदेश क� ��त�ल�प अ�े�षत/ Copy of the order forwarded to : 1. अपीलाथ�/ The Appellant 2. ��यथ�/ The Respondent 3. आयकर आयु�त/ CIT 4. आयकर आयु�त (अपील)/ The CIT(A) 5. �वभागीय ��त�न�ध, आयकर अपील�य आ�धकरण, च�डीगढ़/ DR, ITAT, CHANDIGARH 6. गाड� फाईल/ Guard File
ITA No. -733/Chd/2016 & C.O. 48/Chd/2017 Multitech Towers Pvt.Ltd, Chandigarh 4
आदेशानुसार/ By order, सहायक पंजीकार/ Assistant Registrar
More judgments on Section 271AAA
- Rosy Blue (India) Private Limited, Mumbai vs Dy. Commissioner of Income-Tax, Central…ITA 3351/MUM/2026[2012-13]Status: Disposed17 Sept 2026AY 2012-13
- B Nanji Enterprises Ltd., Ahmedabad vs The ACIT, Circle-1(1)(1), AhmedabadITA 2401/AHD/2025[2018-19]Status: Disposed5 Aug 2026AY 2018-19
- B Nanji Enterprises Ltd., Ahmedabad vs The ACIT, Circle-1(1)(1), AhmedabadITA 2400/AHD/2025[2017-18]Status: Disposed5 Aug 2026AY 2017-18
- B Nanji Enterprises Ltd., Ahmedabad vs The ACIT, Circle-1(1)(1), AhmedabadITA 2399/AHD/2025[2016-17]Status: Disposed5 Aug 2026AY 2016-17
- B Nanji Enterprises Ltd., Ahmedabad vs The ACIT, Circle-1(1)(1), AhmedabadITA 2398/AHD/2025[2016-17]Status: Disposed5 Aug 2026AY 2016-17
Recent GST High Court judgments
Search GST case law →- M/S. Mehra Mac Industries Private Limited vs. The Deputy State Tax OfficerTelangana · 30 Oct 2026
- Santosh Das And Anr. vs. Union Of INDIACalcutta · 30 Oct 2026
- M/S Rama Krishna Industries vs. State Of Hp And OthersHimachal Pradesh · 30 Oct 2026
- Smt Usha W/O Shri Tarun vs. Union Of INDIARajasthan · 29 Oct 2026
- M/S Maruti Nandan Minetech Private Limited vs. The Joint CommissionerRajasthan · 29 Oct 2026