DEPUTY COMMISSIONER OF INCOME TAX-9(2)(2), MUMBIA v. M/S. CIRON DRUGS & PHARMACEUTICALS PVT. LTD, MUMBIA

ITA 5485/MUM/2019 | 2010-2011
Pronouncement Date: 10-03-2021 | Result: Dismissed

Appeal Details

RSA Number 548519914 RSA 2019
Assessee PAN AABCC0873D
Bench Mumbai
Appeal Number ITA 5485/MUM/2019
Duration Of Justice 1 year(s) 6 month(s) 17 day(s)
Appellant DEPUTY COMMISSIONER OF INCOME TAX-9(2)(2), MUMBIA
Respondent M/S. CIRON DRUGS & PHARMACEUTICALS PVT. LTD, MUMBIA
Appeal Type Income Tax Appeal
Pronouncement Date 10-03-2021
Appeal Filed By Department
Order Result Dismissed
Bench Allotted C
Tribunal Order Date 10-03-2021
Last Hearing Date 10-03-2021
First Hearing Date 10-03-2021
Assessment Year 2010-2011
Appeal Filed On 22-08-2019
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH MUMBAI BEFORE : SHRI M.BALAGANESH AM & SHRI RAVISH SOOD JM ITA NO. 54 85 /MUM/ 20 19 ( ASSESSMENT YEAR : 20 10 - 11 ) DCIT - 9(2)(2) ROOM NO.655A 6 TH FLOOR AAYAKAR BHAVAN CHURCHGATE MUMBAI - 40 0020 VS. M/S. CIRON DRUGS & PHARMACEUTICALS PVT. LTD. 16 ALPHA APT. M.G. ROAD VILE PARLE (E) MUMBAI 400 057 PAN/GIR NO. AABCC0873D (APPELLANT ) .. (RESPONDENT ) REVENUE BY MS. SHREEKALA PARDESHI ASSESSEE BY NONE DATE OF HEARING 10 / 03 /20 2 1 DATE OF PRONOUNCEMENT 10 / 03 /202 1 / O R D E R PER M. BALAGANESH (A.M) : THIS APPEAL IN ITA NO. 54 85 /MUM/2019 FOR A.Y. 20 1 0 - 11 ARISES OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 16 MUMBAI IN APPEAL NO. CIT(A) - 16/DCIT - 9(2)(2)/IT - 10001 /2018 - 19 DATED 31/05/2019 IN THE MATTER OF IMPOSITION OF PENALTY U/S.271(1)(C) OF THE INCOME TAX ACT 1961. 2. THE LD. DR ARGUED VEHEMENTLY THAT THE PENALTY LEVIED BY THE LD. AO IN RESPECT OF DISALLOWANCE MADE ON BOGUS PURCHASES. ACCORDIN GLY IN THE ITA NO . 54 85 /MUM/2019 M/S. CIRON DRUGS & PHARMACEUTICALS PVT. LTD. 2 OPINION OF THE LD. DR THE SAME WOULD FALL WITHIN THE EXCEPTION PROVIDED IN THE CBDT CIRCULAR NO.17/2019 DATED 08/08/2019. WE FIND THAT THE EXCEPTION PROVIDED IN THE SAID CIRCULAR DATED 08/08/2019 ISSUED BY THE CBDT WOULD APPLY ONLY IN RESPECT OF QUANTUM ASSESSMENT PROCEEDING AND THE SAME CANNOT BE MADE APPLICABLE FOR PENALTY PROCEEDING AND IT IS WELL SETTLED THAT PENALTY PROCEEDING AND ASSESSMENT PROCEEDINGS ARE DISTINCT AND SEPARATE. IN VIEW OF THIS WE ARE INCLINED TO TREAT THIS APPEAL AS NOT MAINTAINABLE IN VIEW OF THE CBDT CIRCULAR NO.17/2019 DATED 08/08/2019 TREATING IT AS AN APPEAL INVOLVING TAX EFFECT LESS THAN THE PRESCRIBED MONETARY LIMIT. 3 . IN THE RESULT APPEAL FILED BY THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. ORDER PRONOUN CED IN THE OPEN COURT ON 10 / 03 /202 1 . SD/ - ( RAVISH SOOD ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 10 / 03 / 2021 KARUNA SR.PS ITA NO . 54 85 /MUM/2019 M/S. CIRON DRUGS & PHARMACEUTICALS PVT. LTD. 3 COPY OF THE ORDER FORWARDED TO : BY ORDER ( ASSTT. REGISTRAR) ITAT MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A) MUMBAI. 4. CIT 5. DR ITAT MUMBAI 6. GUARD FILE. //TRUE COPY//