TULSIANI SUMER ASSOCIATES, MUMBAI V. DY CIT CENTRAL CIRCLE-5(3), MUMBAI

ITA 1899/MUM/2020

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 4223 (ITAT-MUMBAI)
• Duration Of Justice: 11 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-10-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Assessment Year: 2011-2012
• Appeal Filed On: 04-11-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V VINOD KUMAR LD
• Assessee Lawyers: AARTI VISSANJI LD
• Section: 271(1)(c); 13

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH, MUMBAI , , BEFORE HONBLE SHRI VIKAS AWASTHY, JM AND HONBLE SHRI MANOJ KUMAR AGGARWAL, AM (HEARING THROUGH VIDEO CONFERENCING MODE) 1 . ./ I.T.A. NO. 1899 /MUM/20 20 ( / ASSESSMENT YEAR : 20 11 - 12 ) & 2 . ./ I.T.A. NO. 1900 /MUM/2020 ( / ASSESSMENT YEAR : 2012 - 13 ) TULSIANI SUMER A SSOCIATES , 1103, TULSIANI CHAMBERS, 212, NARIMAN POINT, MUMBAI - 400 021 / VS. DCIT CEN . CIR. 5(3) AIR INDIA BUILDING 19 TH FLOOR, NARIMAN POINT, MUMBAI - 400 021 ./ ./ PAN/GIR NO . A A AFT - 5527 - B ( / APPELLANT ) : ( / RESP ONDENT ) ASSESSEE BY : MS. AARTI VISSANJI LD. AR REVENUE BY : SHRI V. VINOD KUMAR LD. SR. D R / DATE OF HEARING : 06/10 /2021 / DATE OF PRONOUNCEMENT : 06/10/2021 / O R D E R MANOJ KUMAR AGGARWAL (ACCOUNTANT ME MBER) 1. AFORESAID APPEAL S BY ASSESSEE FOR ASSESSMENT YEAR S (AY) 2011 - 12 & 2012 - 13 CONTEST SEPARATE ORDERS OF LEARNED FIRST APPELLATE AUTHORITY WHICH HAVE CONFIRMED CERTAIN PENALTY U/S 271(1)(C) AS LEVIED BY LD. AO VIDE ORDERS DATED 30/03/2019 . 2 2. THE LD . AR SUBMITTED THAT PENALTY WAS LEVIED ON QUANTUM ADDITIONS OF SUSPICIOUS. HOWEVER, TRIBUNAL HAS ESTIMATED THE ADDITIONS @12.5%. THEREFORE, T HE PENALTY IS NOT LEVIABLE FOR ESTIMATED ADDITIONS AS HELD BY THIS VERY BENCH IN THE CASE OF ACIT V/S EHARA ENGINEE RING PVT. LTD. {TS - 7930 - ITAT - 2020(MUMBAI) - O; 21/09/2020}. A COPY OF THE ORDER HAS BEEN PLACED ON RECORD. THE LD. DR, ON THE OTHER HAND, PLEADED FOR CONFIRMATION OF PENALTY. 3. UPON PERUSAL OF IMPUGNED ORDER FOR AY 2011 - 12, IT COULD BE SEEN THAT THE ASSESSE E WAS SADDLED WITH ADDITIONS OF SUSPICIOUS PURCHASES FOR RS.25.22 LACS. SIMILAR ADDITION WAS MADE IN AY 2012 - 13. THE TRIBUNAL, INSTEAD OF CONFIRMING FULL ADDITIONS, ESTIMATED THE ADDITIONS OF 12.5% FOR THE BOTH THE YEARS, CONSIDERING THE FACTS OF THE CASE (ITA NOS.120 - 121/MUM/2018 DATED 29/11/2019) . IN THE MEANTIME, PENALT IES HAS BEEN LEVIED ON QUANTUM ADDITIONS WHICH HAS BEEN CONFIRMED BY LD. CIT(A). AGGRIEVED, THE ASSESSEE IS IN FURTHER APPEAL BEFORE US. 4. WE FIND THAT THE QUANTUM ADDITION AS FINALLY SUS TAINED BY THE TRIBUNAL ARE MERELY ESTIMATED ADDITION AND THEREFORE, NO CASE OF CONCEALMENT OF INCOME OR FURNISHING OF INACCURATE PARTICULARS OF INCOME COULD BE MADE OUT AGAINST THE ASSESSEE AS HELD BY THIS VERY BENCH IN THE CASE OF ACIT V/S EHARA ENGINEERI NG PVT. LTD. (SUPRA) RELYING UPON THE DECISION OF HONBLE PUNJAB HARYANA HIGH COURT IN THE CASE OF HARIGOPAL SINGH V/S CIT (258 ITR 85). THEREFORE, THE PENALTIES, FOR THE YEARS, ARE NOT SUSTAINABLE IN LAW. WE ORDER SO. 5. BOTH THE APPEALS STAND ALLOWED. ORDER PRONOUNCED ON 06 TH OCTOBER, 2021 . SD/ - SD/ - ( VIKAS AWASTHY ) (MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER 3 MUMBAI; DATED : 06 /10 /2021 SR.PS, DHANANJAY / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT CONCERNED 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMB AI.