SANJIV KRISHNAKANT ASHTAMKAR,MUMBAI vs. INCOME TAX OFFICER 3(3), MUMBAI
In the result, the appeal of the assessee in ITA no
ITA 6579/MUM/2017[2009-10]Status: DisposedITAT Mumbai23 Aug 2019AY 2009-10
Bench: Shri Sandeep Gosain & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.6579/Mum/2017 (नििाारण वर्ा / Assessment Year: 2009-10) बिाम/ Shri. Sanjiv Krishnakant Income Tax Officer 3(3) Ashtamkar Room No.8, B Wing, B-2, Ratna Umaid Ashar It Park, V. Residency, Pipe Line Road, Rd No. 16-Z, Luiswadi, Thane 400604 Wagle Industrial Estate, Maharashtra Thane (W)- 400604 Maharashtra स्थायी ऱेखा सं./ Pan: Abbpa3596K (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri. Kishore Poddar Revenue By: Shri. Ajai Pratap Singh (Sr. Ar) सुनवाई की तारीख /Date Of Hearing : 25.06.2019 घोषणा की तारीख /Date Of Pronouncement : 23.08.2019 आदेश / O R D E R Per Ramit Kochar: This Appeal, Filed By Assessee, Being Ita No. 6579/Mum/2017, Is Directed Against Appellate Order Dated 31.08.2017 In Appeal No. Pn/Cit(A)-2/Ito Wd-3(3)/Thn/83/2017-18, Passed By Learned Commissioner Of Income Tax (Appeals)-2, Pune (Hereinafter Called “The Cit(A)”), For Assessment Year(Ay) 2009-10, The Appellate Proceedings Had Arisen Before Learned Cit(A) From Penalty Order Dated 27.03.2014 Passed By Learned Assessing Officer (Hereinafter Called “The Ao”) U/S 271(1)(C) Of The Income-Tax Act, 1961 (Hereinafter Called “The Act”) For Ay: 2009-10. I.T.A. No.6579/Mum/2017
For Appellant: Shri. Kishore PoddarFor Respondent: Shri. Ajai Pratap Singh (Sr. AR)
Section 143(3)Section 271(1)(c)
…t the appellant was indeed abroad during those impugned 30 days also. b. The same position was held by the Hon'ble Delhi High Court in CIT Vs. Dharampal Premchand Ltd. (2010)329 ITR 572 (Del). C. In the case of CIT Vs. Sandur Manganese & Iron Ores Ltd. (2014) 362 ITR 160 (Kar.) the Hon'ble Karnataka High court held that imposition of penalty is not automatic. It is only when there is attempt to evade tax by offering explanation which is found to be false or not bonafide, that penalty can be imposed. In the present case, the appellant under bonafide belief has claimed his residential status as non-resident, which…