SANJEEV V. SINHA, THANE V. ITO 26(3)(1), MUMBAI

ITA 1170/MUM/2017

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 4056 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-03-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: Not Allotted
• Assessment Year: 2009-2010
• Appeal Filed On: 20-02-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHAUDHARY ARUN KUMAR SINGH
• Section: 271(1)(c); 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL G , BENCH MUMBAI BEFORE SHRI MAHAVIR SINGH & SHRI M.BALAGANESH, AM ITA NO. 1170 / MUM/20 1 7 ( ASSESSMENT YEAR : 2009 - 10 ) MR. SANJEEV V. SINHA 503, ORCHID CO - OP SCOEITY SALASAR GARDEN, NEAR GCC CLUB, MIRA ROAD EAST THANE 401 107 VS. THE INCOME TAX OFFICER 26(3)(1) MUMBAI PAN/GIR NO. AACPS0959G ( APPELLANT ) .. ( RESPONDENT ) ASSESSEE BY NONE REVENUE BY SHRI CHAUDHARY ARUNKUMAR SINGH DATE OF HEARING 07 / 03/ 201 9 DATE OF PRONOUNCEMENT 08 / 03 /201 9 / O R D E R PER M. BALAGANESH (A.M) : THIS APPEAL FILED BY ASSESSEE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) - 38, [HEREINAFTER REFERRED TO AS THE LD CITA] , MUMBAI DATED 28/11/2016 FOR A.Y.2009 - 1 0 IN THE MATTER OF IMPOSITION OF PENALTY U/S.271(1)(C) OF THE INCOME TAX ACT, 1961. 2. THE ONLY ISSUE TO BE DECIDED IN THIS APPEAL IS AS TO WHETHER THE LD. CIT(A) WAS JUSTIFIED IN UPHOLDING THE LEVY OF PENALTY U/S.271(1)(C) OF THE ITA NO. 1170/MUM/2017 MR. SANJEEV V SINHA 2 ACT AMOUNTING TO RS.5,10, 000/ - IN RESPECT OF REDUCTION OF DEDUCTION CLAIMED U/S.54 OF THE ACT BY THE ASSESSEE IN THE FACTS AND CIRCUMSTANCES OF THE CASE. 2.1. NONE APPEARED ON BEHALF OF THE ASSESSEE. 3. WE HAVE HEARD LD. DR. WE FIND THAT THE ISSUE OF CLAIM OF DEDUCTION U/S.54 OF T HE ACT WAS THE SUBJECT MATTER OF DISPUTE BY THE ASSESSEE BEFORE THIS TRIBUNAL IN QUANTUM PROCEEDINGS AND THIS TRIBUNAL IN ITA NO.1131/MUM/2014 FOR A.Y.2009 - 10 DATED 17/10/2017 IN ASSESSEES OWN CASE HAD HELD THAT ASSESSEE IS ENTITLED FOR DEDUCTION U/S.54 O F THE ACT IN THE FACTS AND CIRCUMSTANCES OF THE CASE ON THE PAYMENT OF RS.26 LAKHS MADE TOWARDS ACQUIRING THE NEW RESIDENTIAL APARTMENT IN H WING FROM BUILDER N EETA DEVELOPER. SINCE THE QUANTUM ADDITION IS HELD IN FAVOUR OF THE ASSESSEE, THE PENALTY U/S. 271(1)(C) OF THE ACT IN THIS REGARD HAS NO LEGS TO STAND. A CCORDINGLY , THE GROUNDS RAISED BY THE ASSESSEE ARE ALLOWED. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 08 / 03 /201 9 SD/ - ( MA HAVIR SINGH) SD/ - ( M.BALAGANESH ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED 08 / 03 /201 9 KARUNA SR. PS ITA NO. 1170/MUM/2017 MR. SANJEEV V SINHA 3 COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), M UMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//