HANIL ERA TEXTILES LTD,MUMBAI vs. ASST CIT CIR 6(3), 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 penalty levied under section 271(1)(c) for the disallowance of deduction under section 10B(1) and the disallowance under section 94(7). The penalty related to the disallowance under section 36(1)(iii) was deleted by the CIT(A) and not contested by the revenue.
What were the facts?
The assessee company filed its return of income for AY 2006-07, which was processed under scrutiny. The Assessing Officer initiated penalty proceedings under section 271(1)(c) for furnishing inaccurate particulars of income related to disallowances under sections 36(1)(iii), 10B(1), and 94(7).
What were the issues?
Whether penalty under section 271(1)(c) is leviable for furnishing inaccurate particulars of income due to disallowances under sections 10B(1) and 94(7).
Which sections of the Income-tax Act were involved?
Section 271(1)(c),Section 36(1)(iii),Section 10B(1),Section 94(7)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “H” BENCH, MUMBAI
Before: SHRI JASON P. BOAZ, AM & SHRI AMIT SHUKLA, JM
आदेश / O R D E R
PER JASON P. BOAZ , A.M. This appeal by the assessee is directed against the order of CIT(A)-12, Mumbai dated 13.09.2012 for A.Y. 2006-07 in respect of levy of penalty under section 271(1)(c) of the Income Tax Act, 1961 (in short ‘the Act’). 2. The facts of the case, briefly, are as under: - 2.1 The assessee, a company engaged in the business of manufacture and sale of textiles, filed its return of income for A.Y.
M/s. Hanil Era Textiles Ltd. 2006-07 on 30.11.2006 declaring total loss of `2,29,87,339/- under the normal provisions of the Act. The return was processed under section 143(1) of the Act and the case was subsequently taken up for scrutiny. The assessment was concluded under section 143(3) of the Act vide order dated 22.12.2008 wherein the income of assessee was determined at `6,97,20,380/- under normal provisions of the Act and ‘book profits’ were computed at `12,73,90,592/- under section 115JB of the Act. On appeal, the CIT(A)-12, Mumbai disposed off the appeal vide order dated 06.11.2009 allowing partial relief to assessee.
2.2 In the order of assessment dated 22.12.2008 for A.Y. 2006-07, Assessing Officer (‘AO’) simultaneously initiated penalty proceedings under section 271(1)(c) of the Act for furnishing of inaccurate particulars of income with respect to the disallowance of `55,43,091/- under section 36(1)(iii) of the Act; withdrawal/disallowance of deduction under section 10B(1) of the Act amounting to `8,69,14,631/- and disallowance of `2,50,000/- under section 94(7) of the Act. Subsequent to the order of the CIT(A)-12, Mumbai dated 06.11.2009, the AO took up the penalty proceedings and after considering assessee’s submission in this regard, proceed to levy the minimum penalty of `2,60,74,389/- under section 271(1)(c) of the Act on assessee for furnishing of inaccurate particulars of income.
2.3 On appeal the learned CIT(A)-12, Mumbai allowed partial relief to assessee in the impugned order dated 13.09.2012. The learned CIT(A) held as under: - i. She deleted the penalty levied under section 271(1)(c) of the Act by AO on account of disallowance of `55,43,091/- made under section 36(1)(iii) of the Act;
M/s. Hanil Era Textiles Ltd. ii. The learned CIT(A) upheld the levy of penalty under section 271(1)(c) of the Act on account of withdrawal/disallowance of deduction under section 10B(1) of the Act amounting to `8,69,14,631/- , and iii. The learned CIT(A) upheld the penalty levied under section 271(1)(c) of the Act on account of the disallowance under section 94(7) of the Act amounting to `2,50,000/-.
This appeal was earlier fixed for hearing on various dates on 14 occasions. On three occasions, the case was adjourned as the Bench was not functioning and the matter was adjourned through the notice board. The learned A.R. for the assessee appeared once on 17.04.2014 and on his request the case was adjourned to 16.06.2014. In subsequent hearings on 22.09.2014, 11.12.2014, 15.01.2015, 23.02.2015, 15.04.2015, 21.05.2015, 25.06.2015 and 10.09.2015 none appeared on behalf of assessee and the case was finally fixed for hearing today, i.e. 02.12.2015. However, today also none was present on behalf of assessee, but the learned D.R. for Revenue was present. We, therefore, dispose off this appeal with the assistance of the learned D.R.
3.1 Assessee has raised the following grounds before us: - “1. On the facts and circumstances of the case and in law, Hon. Commissioner of Income Tax Appeals-12, Mumbai erred in confirming the Penalty by holding that the appellants had furnished inaccurate particulars of their income.
On the facts and circumstances of the case and in law, Hon. Commissioner of Income Tax Appeals-12, Mumbai erred in confirming the Penalty for alleged furnishing of inaccurate particulars of income by the appellants in respect of the withdrawal of deduction u/s 10B of the Act.
M/s. Hanil Era Textiles Ltd.
3. On the facts and circumstances of the case and in law, Hon. Commissioner of Income Tax Appeals-12, Mumbai erred in confirming the Penalty for alleged furnishing of inaccurate particulars of income by the appellants in respect of disallowance 94(7) of the Act.” 3.2 After considering the submissions put forth by the learned D.R. supporting the impugned order of the learned CIT(A) and carefully perusing the findings therein, we find that assessee has been unable to rebut the findings of the learned CIT(A) in upholding the levy of penalty under section 271(1)(c) of the Act for furnishing inaccurate particulars of income in the case on hand for A.Y. 2006-07 in respect of both the issues listed hereunder: - i. The confirmation of levy of penalty under section 271(1)(c) of the Act on account of withdrawal/disallowance of deduction under section 10B(1) of the Act amounting to `8,69,14,631/-, and ii. The confirmation of levy of penalty under section 271(1)(c) of the Act on account of disallowance under section 94(7) of the Act amounting to `2,50,000/-. In the absence of any such explanation, we do not find any reason to deviate from or interfere in the findings rendered by the learned CIT(A) and accordingly confirm the same.
In the result, assessee’s appeal for A.Y. 2008-09 is dismissed. प�रणामतः िनधा�रती क� अपील खा�रज क� जाती है । Order pronounced in the open court on 9th December, 2015. आदेश क� घोषणा खुले �यायालय म� �दनांकः 09.12.2015 को क� गई । Sd/- Sd/- (AMIT SHUKLA) (JASON P. BOAZ) लेखा सद�य/JUDICIAL MEMBER �याियक सद�य/ACCOUNTANT MEMBER मुंबई Mumbai, �दनांक Dated 9th December, 2015
M/s. Hanil Era Textiles Ltd. आदेश क� �ितिलिप अ�ेिषत/Copy of the Order forwarded to :
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