Coast Line Shipping (India) Pvt. Ltd., Mumbai vs. DCIT, CC- 5(1), Mumbai
In the result, appeals of the assessee are allowed
ITA 4943/MUM/2018[2015-16]Status: DisposedITAT Mumbai30 Dec 2019AY 2015-16
Bench: Shri C.N. Prasad, Hon'Ble & Shri G. Manjunatha, Hon'Ble
For Appellant: Shri Ravi SawanaFor Respondent: Shri Kumar Padmapani Bora
Section 271(1)(c)Section 274
…specifically for both the offences. Drawing up penalty proceedings for one offence and finding the assessee guilty of another or finding him guilty for either, the one or the other, was held to be unsustainable in law. 12. In CIT v/s. Manu Engineering Works [122 ITR 3006 (GUJ)] , a Division Bench of the Gujarat High Court observed that the Assessing Officer must give a positive finding as to whether there is concealment of income by the assessee or whether any inaccurate particulars of such income had been furnished by the assessee. In the event there was no such clear-cut finding, the penalty order was held lia…