DCIT-199(2)(2), MUMBAI v. M/S. CITY BUILD ARCADE PVT. LTD., MUMBAI

ITA 5492/MUM/2019 | 2009-2010
Pronouncement Date: 19-03-2021 | Result: Allowed

Appeal Details

RSA Number 549219914 RSA 2019
Assessee PAN AACCC4021C
Bench Mumbai
Appeal Number ITA 5492/MUM/2019
Duration Of Justice 1 year(s) 6 month(s) 26 day(s)
Appellant DCIT-199(2)(2), MUMBAI
Respondent M/S. CITY BUILD ARCADE PVT. LTD., MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 19-03-2021
Appeal Filed By Department
Order Result Allowed
Bench Allotted C
Tribunal Order Date 19-03-2021
Last Hearing Date 10-03-2021
First Hearing Date 10-03-2021
Assessment Year 2009-2010
Appeal Filed On 23-08-2019
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH MUMBAI BEFORE : SHRI M.BALAGANESH AM & SHRI RAVISH SOOD JM ITA NO. 5492 /MUM/ 20 19 ( ASSESSMENT YEAR : 2009 - 2010 ) DCIT - 9(2)(2) ROOM NO.655A 6 TH FLOOR AAYAKAR BHAVAN CHURCHGATE MUMBAI - 400020 VS. M/S. CITY BUILD ARCADE PVT. LTD. 9 SAGAR TOWER FAIR DEAL ROAD OFF. S.V.ROAD JOGESHWARI (W) MUMBAI 400 102 PAN/GIR NO. AACCC4021C (APPELLANT ) .. (RESPONDENT ) REVENUE BY MS. SHREEKALA PARDESHI ASSESSEE BY MS. SHEFALI DATE OF HEA RING 10 / 03 /202 1 DATE OF PRONOUNCEMENT 10 / 03 /202 1 / O R D E R PER M. BALAGANESH (A.M) : THIS APPEAL IN ITA NO. 5492/MUM/2019 FOR A.Y. 2009 - 10 ARISES OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 16 MUMBAI IN APPEA L NO. CIT(A) - 16/DCIT - 9(2)(2)/IT - 10026/2018 - 19 DATED 21/04/2018 IN THE MATTER OF IMPOSITION OF PENALTY U/S.271(1)(C) OF THE INCOME TAX ACT 1961. ITA NO . 5492/MUM/2019 M/S. CITY BUILD ARCADE PVT. LTD. 2 2. THE LD. DR ARGUED VEHEMENTLY THAT THE PENALTY LEVIED BY THE LD. AO IN RESPECT OF DISALLOWANCE MADE ON BOGUS PURCHASES. ACCORDINGLY IN THE 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 APP LY 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 MAINTAINABL E. ORDER PRONOUNCED 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 . 5492/MUM/2019 M/S. CITY BUILD ARCADE 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//