Akhil Bhartiya Prathmik Shikshak Sangh Bhawan Trust v. ADIT

Swati Jignesh Jain, Mumbai vs. ITO 20(3) (1), Mumbai

In the result, appeal of the assessee is allowed

…e point:- a. Ganesh B Pokhriyal vs ACIT in ITA No.5291/Mum/2018 dated 29/11/2019 3 Smt. Swati Jignesh Jain b. Globus Infocom Ltd., vs. DCIT in ITA No.738/Del/2014 dated 29/06/2016 c. Akhil Bharatiya Prathmik Shamshak Sangh Bhawan Trust vs. ADIT reported in 115 TTJ 419(Del) d. Pillala Vishnuvandana vs. ACIT reported in 88 Taxman.com 803 (Visakhapatnam Trib.) 3.1. In the aforesaid case laws, it has been held that no penalty u/s.271(1)(b) of the Act could be levied when an assessment has been completed u/s.143(3) of the Act, wherein the ld. AO is deemed to have condoned the absence of the assessee or his authori…

Salasar Derivatives Pvt. Ltd, Mumbai vs. ITO WD 8(1) (4), Mumbai

In the result, appeal of the assessee is allowed

Bench: The Ld. Ao On 29/05/2018 Being The Scheduled Date Of Hearing. However, On 30/05/2018, The Assessee Had Duly Appeared & Submitted The Relevant Papers Physically Before The Ld. Ao. However, The Ld. Ao Proceeded To Levy Penalty U/S.271(1)(B) Of The Act For Non-Compliance On The Scheduled Date Of Hearing & Levied Penalty Of Rs.10,000/- Thereon Vide Order U/S.271(1)(B) Of The Act Dated 13/05/2019. This Penalty Was Upheld By The Ld. Cit(A).

…enches of various Tribunal as under:- a. Ganesh B Pokhriyal vs ACIT in ITA No.5291/Mum/2018 dated 29/11/2019 b. Globus Infocom Ltd., vs. DCIT in ITA No.738/Del/2014 dated 29/06/2016 c. Akhil Bharatiya Prathmik Shamshak Sangh Bhawan Trust vs. ADIT reported in 115 TTJ 419(Del) d. Pillala Vishnuvandana vs. ACIT reported in 88 Taxman.com 803 (Visakhapatnam Trib.) 3.2. Hence, we deem it fit that this is not a fit case for levy of penalty u/s.271(1)(c) of the Act. We direct the ld. AO to delete the said penalty. Accordingly, the grounds raised by the assessee are allowed. 4. In the result, appeal of the assessee is…

Royal Home Collections Private Limited, Mumbai vs. ACIT-4(2)(1), Mumbai

In the result, the appeal filed by the assessee is allowed

Bench: Shri Om Prakash Kant, Am & Ms. Kavitha Rajagopal, Jm आयकरअपीलसं./ I.T.A. No. 910/Mum/2019 (निर्धारणवर्ा / Assessment Year: 2014-15) Acit-4(2)(1), Royal Home Collections R. No. 642, 6Th Floor, Pvt. Ltd. Aayakar Bhavan, बिधम/ Plot No. 33, Abcd Govt. Mumbai-400 020 Industrial Estate, Charkop, Vs. Kandivali, Mumbai-400 067 स्थायीलेखासं./जीआइआरसं./ Pan No. Aaccm4922G (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant None : By प्रत्यथीकीओरसे/Respondent : Shri T. Shankar, Ld. Dr By सुनवाईकीतारीख/ : 09.03.2022 Date Of Hearing घोषणाकीतारीख / : 13.04.2022 Date Of Pronouncement आदेश / O R D E R Per Kavitha Rajagopal: The Present Appeal Filed By The Assessee Is Against The Order Of Ld. Cit(A)-9, Mumbai Dated 30.01.2019 Pertains To Ay 2014-15. The Solitary Ground Of Appeal Is Whether The Ld. Cit(A) Has Erred In Upholding The Penalty Of Rs. 10,000/- Levied U/S 271(1)(B) Of The I.T. Act.

…that the subsequent compliance by the assessee company in the assessment proceeding was considered as good compliance and that default should be condoned. The Ld. AR relied on the decision of Akhil Bhartiya Prathmik Shikshak Sangh Bhawan Trust vs. ACIT (2008) 115 TTJ 419 (Delhi), CIT vs. Ram Commercial Enterprises Ltd. (2001) 167 CTR(Del) 321, Globus Infocom Ltd. vs. DCIT IT Appeal No. 738/Del/2014 and Shiv Kumar Nayyar vs. ACIT (ITA No. 3 I.T.A. No. 910/Mum/2019 Royal Home Collections Pvt. Ltd. 6203 & 6204/Del/2019). These decisions reiterated the proposition that if assessment proceeding was completed u/s 143(…