Y.P. Punj Family Trust, Mumbai vs. DCIT 15(2), Mumbai
In the result, appeal of the assessee is allowed
ITA 7614/MUM/2013[2006-07]Status: DisposedITAT Mumbai30 Oct 2015AY 2006-07
Bench: Shri D. Karunakara Rao & Shri Amit Shukla
For Respondent: Shri A K Kardam
Section 271(1)(c)Section 64
…rs of income. Before us, the Ld. Counsel has cited following decision in support of the contention no penalty can be levied on protective basis :- CIT v Super Steel (Sales) Co. 178 ITR 451(Cal) Metal Stores vs CIT 186 ITR 612(Gau) ITO vs Miss Vasudha Bajoria 40 ITD 414(ITAT-Kol) CIT v Smt. Durgawati Singh 234 ITR 249(All) Whereas, the Ld. DR has strongly relied upon the order of the CIT(A). 4. On the perusal of the impugned order and facts and materials on record, we find that both the authorities have discussed in detail, the colourable device but failed to understand that, once an income has already been off…