LEAR AUTOMOTIVE INDIA PVT.LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 9,, PUNE
In the result, appeal of the Assessee is Allowed
ITA 1951/PUN/2018[2007-08]Status: DisposedITAT Pune04 Nov 2022AY 2007-08
Bench: Shri S.S.Godara & Dr. Dipak P. Ripote. आयकर अपीलसं. / Ita No.1951/Pun/2018 िनधा"रण वष" / Assessment Year : 2007-08 Lear Automotive India Pvt. Ltd., The Assistant Commissioner E-25, 26 & 27, Bhosari Midc, Vs Of Income Tax, Circle-9, Pune – 411026. Pune. Pan: Aaacl 1978 K Appellant / Assessee Respondent / Revenue Assessee By Shri Dhanesh Bafna & Chandani Shah – Ar(S) Revenue By Shri Ramnath P Murkunde – Dr Date Of Hearing 20/10/2022 Date Of Pronouncement 04/11/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-6, Pune, Dated 01.11.2018 For The A.Y. 2007-08 Under Section 250 Of The Income Tax Act, 1961(In Short “The Act”). The Assessee Has Raised The Following Grounds Of Appeal: “1. Erroneous Levy Of Penalty Under Section 271(1)(C) On The Facts & Circumstances Of The Case & In Law, The Ld. Commissioner Of Income Tax (Appeals) - 6 (‘The Ld. Cit(A)’) Erred In Upholding The Action Of Ld. Assistant Commissioner Of Income- Tax, Circle - 9 (‘The Ld.Ao’) Of Levying Penalty, Being 100% Of Tax On The Addition To Returned Income Amounting To Inr 38,37,270, Under Section 271(1)(C) Of The Act. Rs.38,37,270/-. 2. Penalty Proceedings Under Section 271(1)(C) Are Invalid On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Has Erred In Upholding The Action Of The Ld. Ao For
Section 250Section 271Section 271(1)Section 271(1)(c)Section 274
254 of the Income Tax Act, 1961. In the assessment order also AO has merely mentioned penalty proceedings under section 271(1)(c) are initiated separately. Thus, even in the assessment order, the AO has not specified whether the penalty has been initiated for the concealment of income or filing inaccurate particulars of income.
6. The only issue is levy
