Deputy Commissioner of Income-tax, Pune V. Shri Ashok Narayan Bhosle, Pune

MA 333/PUN/2022

AI Insights

The case involves a Miscellaneous Application by the Revenue seeking to rectify a mistake in a previous Tribunal order concerning the imposition of a penalty for concealment of income under the Income Tax Act. The original order had mistakenly included charges of concealment of income, which were not applicable as per the Tribunal's findings. The Tribunal, upon reviewing the application and the original order, agreed that the inclusion of such charges was erroneous and modified the order accordingly, citing the precedent from HPCL Mittal Energy Ltd. The Tribunal dismissed the Revenue's application, upholding the modified order.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 133015 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 3 month(s) 12 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 09-07-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 06-07-2023
• Assessment Year: 2009-2010
• Appeal Filed On: 27-03-2022
• Other Referred Cases: HPCL Mittal Energy Ltd.
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 271(1)(c); 143(3); 274

Judgement Text

आयकर अपीलीय अधिकरण “बी” न्यायपीठ पुणे में । IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER धिधिि आिेदन सं. / MA No.333/PUN/2022 (Arising out of ITA No.708/PUN/2015) धनिाारण िर्ा / Assessment Year : 2009-10 Dy. Commissioner of Income Tax, Circle – 8, Pune ......अपीलार्थी / Appellant बनाम / V/s. Shri Ashok Narayan Bhosle, (Prop. : M/s. Ultra Engineers), Plot No. 59 & 68, Sector 10, PCNTDA, Bhosari, Pune-411026 PAN : AASPB3588Q ......प्रत्यर्थी / Respondent Assessee by : Shri Vijay Konde Revenue by : Shri Suhas Kulkarni सुनवाई की तारीख / Date of Hearing : 07-07-2023 घोषणा की तारीख / Date of Pronouncement : 10-07-2023 आदेश / ORDER PER S.S. VISWANETHRA RAVI, JM : By this Miscellaneous Application the Revenue seeks to rectify the mistake apparent in paragraph 11 of the order dated 07-09-2021 passed by this Tribunal in ITA No. 708/PUN/2015 and CO No. 04/PUN/2018 for assessment year 2009-10. 2. After hearing both the parties and perusal of the order dated 07-09-2021 passed by this Tribunal in ITA No. 708/PUN/2015 and CO No. 2 MA No. 333/PUN/2022, A.Y. 2009-10 04/PUN/2018 for assessment year 2009-10, we are of the opinion that the sentence “both the charges that are concealment of income” should be deleted. Accordingly, para 11 of the above said order is modified as under : “11. Further, in the case of HPCL Mittal Energy Ltd. (supra) the Third Member Bench held the penalty initiated by the AO for concealment of income and imposition of penalty is for concealment/furnishing inaccurate particulars of income is not sustainable. In the present case, as we notice the AO in Para No. 10 of the assessment order clearly recorded that the assessee filed inaccurate particulars of income vide its order dated 31-03-2013 passed u/s. 143(3) r.w.s. 147 of the Act. In consequence of which the AO issued notice u/s. 274 r.w.s. 271(1)(c) of the Act dated 31-03-2013 for furnishing of inaccurate particulars of income. In penalty order dated 27-09-2013 imposed penalty of Rs.1,36,22,508/- by recording his satisfaction that the assessee has furnished inaccurate particulars/concealed particulars of income. Therefore, in our opinion the ratio of Third Member Bench in the case of HPCL Mittal Energy Ltd. (supra) is clearly applicable to the facts and circumstances of the present case. Thus, the penalty imposed by the AO vide its order dated 27-09-2013 fails and is quashed, grounds raised by the assessee in cross objection are allowed. In view of our decision in quashing the penalty order, the appeal of the Revenue becomes infructuous and hence, the same is dismissed.” 3. The paragraph 11 should be read as part and parcel hereafter of order dated 07-09-2021 passed by this Tribunal in ITA No. 708/PUN/2015 and CO No. 04/PUN/2018 for assessment year 2009-10. 3 MA No. 333/PUN/2022, A.Y. 2009-10 4. In the result, the Miscellaneous Application filed by the Revenue is dismissed. Order pronounced in the open court on 10th July, 2023. Sd/- Sd/- (R.S. Syal) (S.S. Viswanethra Ravi) VICE PRESIDENT JUDICIAL MEMBER पुणे / Pune; दिनाांक / Dated : 10th July, 2023. रदव आदेश की प्रधिधलधप अग्रेधर्ि / Copy of the Order forwarded to : 1. अपीलार्थी / The Appellant. 2. प्रत्यर्थी / The Respondent. 3. The CIT(A)-6, Pune 4. The Pr. CIT-5, Pune 5. दवभागीय प्रदतदनदि, आयकर अपीलीय अदिकरण, “बी” बेंच, पुणे / DR, ITAT, “B” Bench, Pune. 6. गार्ड फ़ाइल / Guard File. //सत्यादपत प्रदत// True Copy// आदेशानुसार / BY ORDER, वररष्ठ दनजी सदचव / Sr. Private Secretary आयकर अपीलीय अदिकरण ,पुणे / ITAT, Pune