Dy Commissioner of Income Tax -5(2)(1), Mumbai vs. Nakodiam Diamonds Private Limited, Mumbai
In the result, all the appeals of the revenue are dismissed
ITA 1812/MUM/2024[2012-13]Status: DisposedITAT Mumbai30 Jul 2024AY 2012-13
Bench: Shri Amarjit Singh & Shri Raj Kumar Chauhan, Juducial Member
For Appellant: Shri Prateek JainFor Respondent: Shri Ashok Kumar Ambastha, Sr. DR
Section 147Section 148Section 271Section 271(1)Section 271(1)(c)
…ction 271(1)(c) of the Act. Grounds are allowed. Respectfully following the jurisdictional ITAT, I direct the AO to delete the penalty imposed.” 5. The ld. DR has referred the decision of Hon’ble Allahabad High Court in the case of ITO vs R.K. Brothers (2003) 871 ITD 649 as mentioned by the revenue in ground no. 2 of the appeal. We consider that facts of that case are distinguishable from the case of the assessee. In the case referred there was specific discrepancy since the assessee had shown receipt of the amount of Rs. 19,41,233/- on which net profit of Rs. 99,960/- was shown, however, during the course of ass…