DCIT(IT)-3(3)(2), MUMBAI V. VENU RAMAN KUMAR , MUMBAI

ITA 3560/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3581 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-02-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2006-2007
• Appeal Filed On: 24-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 271(1)(c); 143(3)

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH F, MUMBAI , !'#,$%!' &! BEFORE SHRI PRAMOD KUMAR, VICE PRESIDENT & SHRI VIKAS AWASTHY, JUDICIAL MEMBER !. 3560/ / 2019 (%*. . 2006-07 ) ITA NO.3560/MUM/2019(A.Y.2006-07) DEPUTY COMMISSIONER OF INCOME-TAX (IT)-3(3)(2), 16 TH FLOOR, ROOM NO.1634, AIR INDIA BUILDING, NARIMAN POINT, MUMBAI 400 021 ...... #, / APPELLANT * VS. VENU RAMAN KUMAR, FLAT NO.2, HERMES HOUSE-III, WORLI SEA FACE, MUMBAI 400 025 PAN: ABAPK9122E ..... %-/ RESPONDENT ASSESSEE BY : NONE REVENUE BY : SHRI PRATAP SINGH ! *.%- #/ DATE OF HEARING : 11/02/2021 /0 .%- #/ DATE OF PRONOUNCEMENT : 23/02/2021 &/ ORDER PER VIKAS AWASTHY,JM: THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX APPEALS-57, MUMBAI [IN S HORT CIT(A)] DATED 11/03/2019 FOR THE ASSESSMENT YEAR 2006-07. 2 ITA NO.3560/MUM/2019(A.Y.2006-07) 2. WE HAVE HEARD THE SUBMISSIONS MADE BY LD. DEPAR TMENTAL REPRESENTATIVE AND HAVE PERUSED THE DOCUMENTS ON R ECORD. THE ASSESSING OFFICER VIDE ASSESSMENT ORDER DATED 31/03/2015 PA SSED UNDER SECTION 143(3) R.W.S. 147 OF THE INCOME TAX ACT, 1961 ( IN SHORT THE ACT), MADE ADDITION ON ACCOUNT OF UNDISCLOSED INCOME AND ALSO INITIATED P ENALTY PROCEEDINGS UNDER SECTION 271(1)(C) OF THE ACT . THEREAFTER, THE ASSE SSING OFFICER VIDE ORDER DATED 30/09/2015 LEVIED PENALTY @300% OF THE TAX SOUGHT T O BE EVADED. THE ASSESSEE FILED APPEAL AGAINST THE PENALTY ORDER. T HE CIT(A) DELETED THE PENALTY AS IN THE QUANTUM PROCEEDINGS, THE ENTIRE QUANTUM ADDITION WAS DELETED BY THE FIRST APPELLATE AUTHORITY . THE REVENUE FILED APPEAL IN ITA NO.2977/MUM/2018 BEFORE THE TRIBUNAL ASSAILING THE ORDER OF CIT(A) IN DELETING THE ADDITION IN QUANTUM PROCEEDINGS. THE TRIBUNAL VIDE ORDER DATED 19/06/2019 DISMISSED THE APPEAL OF REVENUE. ONCE SUBSTRATUM FOR LEVY OF PENALTY HAS ERODED, THE PENALTY PROCEEDINGS DOES NO T SURVIVE. WE CONCUR WITH THE FINDINGS OF CIT(A) AND UPHOLD THE SAME. T HE APPEAL OF THE REVENUE IS WITHOUT ANY MERIT, HENCE, THE SAME IS DISMISSED. 3. IN THE RESULT APPEAL BY THE REVENUE IS DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON TUESDAY THE 23RD DAY OF FEBRUARY, 2021. SD/- SD/- (PRAMOD KUMAR) (VIKAS AWAS THY) / VICE PRESIDENT $%!' / JUDICIAL MEMBER / MUMBAI, 2*/ DATED /02/2021 VM , SR. PS (O/S) 3 ITA NO.3560/MUM/2019(A.Y.2006-07) %-3 4& 0- COPY OF THE ORDER FORWARDED TO : 1. #, / THE APPELLANT , 2. %- / THE RESPONDENT. 3. 5- ( )/ THE CIT(A)- 4. 5- CIT 5. 67%-%* , . . . , / DR, ITAT, MUMBAI 6. 789: / GUARD FILE. BY ORDER, //TRUE COPY// ( DY./ASSTT. REGISTRAR) ITAT, MUMBAI