ACIT CC 25, MUMBAI vs. PARLE BOTTLING P.LTD, MUMBAI
The appeal of the Revenue is dismissed
ITA 1209/MUM/2014[1998-99]Status: DisposedITAT Mumbai23 Nov 2015AY 1998-99
Bench: Shri Joginder Singh & Shri Ashwani Tanejaassessment Year- 1998-99 Acit, M/S Parle Bottling Pvt. Ltd. Cc-25, Room No.404, Western Express Highway, बनाम/ Aayakar Bhavan, Chakala, Andheri (East), Vs. M.K.Road, Mumbai-4000099 Mumbai-400020 (राज"व /Revenue) ("नधा"रती /Assessee) Pan. No.Aaacp8417H Shri Arvind Kumar-Dr राज"व क" ओर से / Revenue By "नधा"रती क" ओर से / Assessee By Shri Firoze Ahdhyarajina
Section 132Section 260ASection 271(1)(c)Section 69A
…been deleted by the Tribunal, therefore, in our humble opinion, the ld. Commissioner of Income tax (Appeals) is justified in deleting the penalty. Our view further finds support from the decision and the ratio laid down in CIT vs S.P Viz Construction company 176 ITR 47 (Patna) and K.C. Builders vs ACIT 265 ITR 562 (Supreme Court). We are of the view where the penalty for concealment or furnishing inaccurate particulars was levied and after deleting the quantum addition, there remains no basis at all for levying the penalty. Ordinarily, penalty cannot stand in itself if the addition made in the assessment itself…