DCIT CEN CIR 3(3) CEN RG 3, MUMBAI V. NARENDRAPAL GUPTA, MUMBAI

ITA 7222/MUM/2016

• Counselvise Citation: [2017] 126 COUNSELVISE.COM (IT) 8429 (ITAT-MUMBAI)
• Duration Of Justice: 11 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-11-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2010-2011
• Appeal Filed On: 08-12-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: POOJA SWARUP

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL F BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, AM AND SHRI AMARJIT SINGH, JM ./ I.T.A. NO. 7222/MUM/2016 ( / ASSESSMENT YEAR: 2010 - 11 ) DY. CIT, CENTR AL CIRCLE 3(3), ROOM NO. 1923, AIR INDIA BUILDING, 19 TH FLOOR, NARIMAN POINT, MUMBAI - 400 021 / VS. SHRI NARENDRAPAL GUPTA RAJABAHADUR BUILDING, 1 ST FLOOR, 28, BOMBAY SAMACHAR MARG, FORT, MUMBAI - 400 023 ./ ./ PAN/GIR NO. AAXPG 239 6 L ( / APPELLANT ) : ( / RESPONDENT ) / APPELLANT BY : MS. POOJA SWARUP / RESPONDENT BY : NONE / DATE OF HEARING : 09.11.2017 / DATE OF PRONOUNCEMENT : 10.11 .2017 / O R D E R PER SHAMIM YAHYA , A. M.: THIS APPEAL BY THE REVENUE DIRECTED AGAINST THE ORDER BY THE COMMISSIONER OF INCOME TAX (APPEALS) - 51, MUMBAI (CIT(A) FOR SHORT) DATED 29.09.2016 AND PERTAINS TO THE ASSESSMENT YEAR (A.Y.) 2010 - 11 . THE GROUND OF APPEAL READ AS UNDER: ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD. CIT(A) ERRED IN DELETING THE PENALTY OF RS.46,22,215/ - LEVIED U/S. 271(1)(C) OF THE IT 2 ITA NO. 7222/MUM/2016 (A.Y. 2010 - 11) DY. CIT VS. SHRI NARE NDRAPAL GUPTA ACT ON THE GROUND THAT QUANTUM ADDITION HAS BEEN DELETED WITH OUT APPRECIATING THAT DEPARTMENT HAS NOT ACCEPTED THE SAID ORDER AND THE MATTER IS PENDING. 2. BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE HAD LET OUT A BUILDING TO M/S. EAST INDIA HOTELS LTD. THE ASSESSEE HAD ENTERED INTO TWO SEPARATE LEASE AGREEMENTS VIZ., ONE AGREEMENT FOR LEASE OF PREMISES AND ANOTHER AGREEMENT FOR LEASING OF FURNITURE AND RECEIVED LEASE RENT OF RS.1,35,98,750/ - EACH UNDER THOSE AGREEMENTS. INCOME FROM BOTH THE LEASES WAS OFFERED UNDER THE HEAD INCOME FROM HOUSE PROPERTY . HOWEVER, WHILE PASSING THE ASSESSMENT ORDER U/S. 143(3), THE ASSESSING OFFICER ASSESSED THE INCOME OF RS.1.35 CRORES RECEIVED FOR LEASING OF FURNITURE AS INCOME FROM OTHER SOURCES. ON APPEAL, THE LD. CIT(A) HAS CONFIRMED THE ADDITION OF THE ASSESSING OFFICER. SUB SEQUENTLY, PENALTY U/S. 271(1)(C) AMOUNTING TO RS.46,22,215/ - WAS LEVIED VIDE ORDER DATED 27.03.2015. 3. WE HAVE HEARD BOTH THE COUNSELS AND PERUSED THE MATERIAL ON RECORDS. WE FIND THAT THE LD. CIT(A) HAS DELETED THE PENALTY IN THIS REGARD BY HOLDING THA T THE ADDITION IN THIS CASE WHICH WAS CONFIRMED BY THE LD. CIT(A) WAS DELETED BY THE TRIBUNAL VIDE ORDER DATED 03.02.2016 IN ITA NO. 3269/MUM/2013. THE LD. CIT(A) HAS GIVEN A FINDING THAT HE HAS GONE THROUGH THE ITAT ORDER AND SINCE THE ADDITION ON WHICH T HE PENALTY LEVIED IS PASSED DOES NOT SURVIVE, THE PENALTY ALSO DOES NOT SURVIVE. 4. SINCE THE ADDITION BASED UPON WHICH THIS PENALTY HAS BEEN LEVIED HAS BEEN DELETED BY THE ITAT, THE LD. CIT(A) IS CORRECT IN HOLDING THAT THIS PENALTY DOES NOT 3 ITA NO. 7222/MUM/2016 (A.Y. 2010 - 11) DY. CIT VS. SHRI NARE NDRAPAL GUPTA SURVIVE. ACC ORDINGLY, WE DO NOT FIND ANY INFIRMITY IN THE ORDER OF THE LD. CIT(A). ACCORDINGLY , WE UPHOLD THE SAME. 5. IN THE RESULT, THE A PPEAL FILED BY THE R EVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 10.11.2017 SD/ - SD/ - ( AMARJIT SINGH ) (S HAMIM YAHYA ) / J UDICIAL MEMBER / A CCOUN TANT MEMBER MUMBAI ; DATED : 10.11 .2017 . . ./ ROSHANI , SR. PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT - CON CERNED 5. , , / DR, ITAT, MUMBAI 6. / GUARD F ILE / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI