M/S. Mittal Construction Co., Pune vs. Deputy Commissioner of Income Tax
In the result, the appeal of the assessee is allowed
ITA 2772/PUN/2016[2007-08]Status: DisposedITAT Pune31 Dec 2018AY 2007-08
Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita No.2772/Pun/2016 िनधा"रण वष" / Assessment Year : 2007-08 M/S. Mittal Construction Co., Khandelwal Jain Associates, Chartered Accountants, 1St Floor, Alankar Cinema Building, Near Railway Station, Pune. Pan : Aacfm5031F .......अपीलाथ" / Appellant बनाम / V/S. Dcit, Circle- 8, ……""यथ" / Respondent Pune. Assessee By : Shri R. G. Nahar Revenue By : Shri Abhishek Meshran सुनवाई क" तारीख / Date Of Hearing : 31.12.2018 घोषणा क" तारीख / Date Of Pronouncement : 31.12.2018 आदेश / Order Per D. Karunakara Rao, Am : This Appeal Is Filed By The Assessee Against The Order Of Cit(A)-6, Pune Dated 26.08.2016 For The Assessment Year 2007-08 & It Relates To The Levy Of Penalty U/S 271(1)(C) Of The Act. 2. At The Outset, Ld. Counsel For The Assessee Submitted That The Assessing Officer Levied Penalty On The Assessee On The Facts Common To The Other Group Of Cases Of The Assessee. Narrating The Facts Of Both The Cases, Ld. Counsel Demonstrated That The Penalty Is Not Sustainable As Held By The Tribunal In The Case Of M/S. Mittal Enterprises Vs. Dcit Vide
For Appellant: Shri R. G. NaharFor Respondent: Shri Abhishek Meshran
Section 271Section 271(1)(c)
…e or furnishing of inaccurate particular of income by the assessee has to be in the income tax return filed by it. There is sufficient indication of this in the judgment of this Court in the case of Commissioner of Income Tax, Delhi-I Vs. Mohan Das Hassa Nand 141 ITR 203 and in Reliance Petroproducts Pvt. Ltd. (supra), the Supreme Court has clinched this aspect, viz., the assessee can furnish the particulars of income in his return and everything would depend upon the income tax return filed by the assessee. This view gets supported by Explanation 4 as well as 5 and 5A of Section 271 of the Act as contended by th…