MRS. SONAL SHAH,MUMBAI vs. JOINT COMMISSIONER OF INCOME TAX (TDS) RANGE-3, MUMBAI
In the result, the appeals are partly allowed
ITA 6462/MUM/2018[2008-09]Status: DisposedITAT Mumbai25 Feb 2019AY 2008-09
Bench: Shri Pawan Singh () & Shri N.K. Pradhan () Assessment Year: 2008-09 & Assessment Year: 2009-10 Mrs. Sonal Shah Joint Commissioner Of 17/18, Swastik Bldg. 4Th Vs. Income Tax (Tds) Floor, N.S. Road, No. 1. Range-3, Mumbai. Jvpd Scheme, Vile Parle (W), Mumbai-400056. Pan No. Aqops1855M Appellant Respondent Assessment Year: 2008-09 & Assessment Year: 2009-10 Mrs. Tarulata Shah Joint Commissioner Of 21/22, Swastik Bldg. Vs. Income Tax (Tds) 5Thfloor, N.S. Road, No. 1. Range-3, Mumbai. Jvpd Scheme, Vile Parle (W), Mumbai-400056. Pan No. Aadps0777K Appellant Respondent Assessee By : Mr. Raveevwaglay, Ar Revenue By : Mr. Chaudhary Arunkumar Singh, Dr Date Of Hearing : 29/11/2018 Date Of Pronouncement: 25/02/2019
For Appellant: Mr. RaveevWaglay, ARFor Respondent: Mr. Chaudhary Arunkumar Singh, DR
Section 143(3)Section 271C
271(1)(c) is reckoned from the date of the assessment order dated
6.11.2007, the penalty order passed by the Joint Commissioner on 29.7.2008
is beyond the time permitted in the above section. As we have already held, the initiation of the penalty proceedings is not by the Assessing Officer but by the Joint Commissioner and if that