Appeal details
Counselvise Citation
[2022] 105 COUNSELVISE.COM (IT) 3119 (ITAT-PUNE)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
5 year(s) 7 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
03-05-2022
Appeal Filed By
Assessee
Order Result
Allowed
Bench Allotted
A
Assessment Year
2009-2010
Appeal Filed On
26-04-2017
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, PUNE BEFORE SHRI S.S. GODARA, JUDICIAL MEMBER AND DR. DIPAK P. RIPOTE, ACCOUNTANT MEMBER ITA No. 1052/PUN/2017 (Assessment Year: 2009-10) M/s. Jaihind Automation P. Ltd. Plot No. 31, Goodwill CHS Aundh, Pune 411007 Vs. Deputy Commissioner of Incom Tax, Circle-9 Pune PAN – AABCJ6925B Appellant Respondent Appellant by: Shri Jeetendra C. Tiwari Respondent by: Shri S.P. Walimbe Date of Hearing: 26.04.2022 Date of Pronouncement: 04.05.2022 O R D E R Per S.S. Godara, JM This assessee’s appeal for AY 2009-10 is against the order of the CIT(A) 6, Pune dated 31.01.2017 passed in case No. PN/CIT (A)-V/DCIT Cir- 9/391/2014-15 involving proceedings under Section 271(1)(c) of the Income Tax Act, 1961 (in short the Act). Heard both parties and case file perused. 2. Coming to assessee’s sole grievance challenging correctness of both the learned lower authorities’ impugned action levying Section 271(1)(c) penalty of Rs. 23,63,669/-, we find that the same hardly requires us delve deeper in the relevant factual matrix. Suffice to say, the Assessing Officer’s show cause notice dated 26.12.2011 (page 19) in assessee’s paper book running into 115 pages sufficiently indicates that he had nowhere specified as to whether this tax payer had concealed particulars of its income or furnished inaccurate particulars of such income. Hon'ble jurisdictional high court’s recent decision in Mohammed Farhan A. Shaik (2021) 125 taxmann.com 253 (Mum)(FB) ITA No. 1052/Pun/2017 M/s. Jaihind Automation P. Ltd. 2 holds that such a failure on the Assessing Officer’s part is very much fatal to the corresponding penalty proceedings. We thus adopt the very reasoning mutatis mutandis to delete this penalty. All other pleadings on merits are rendered academic. 3. This assessee’s appeal is allowed in above terms. Order pronounced in the open court on 4 th May, 2022. Sd/- Sd/- (Dipak P. Ripote) (S.S. Godara) Accountant Member Judicial Member Pune, Dated: 4 th May, 2022 Copy to: 1. The Appellant 2. The Respondent 3. The CIT(A) -6, Pune 4. The Pr.CIT - 5, Pune 5. The DR, “A” Bench, ITAT, Pune By Order //True Copy// Assistant Registrar ITAT, Pune Benches, Pune n.p.
