INCOME TAX OFFICER 9(2)(2), MUMBAI , MUMBAI v. CAPRO VALVAS & CONTROLS PRIVATE LIMITED, MUMBAI

ITA 5980/MUM/2019 | 2009-2010
Pronouncement Date: 31-03-2021 | Result: Dismissed

Appeal Details

RSA Number 598019914 RSA 2019
Assessee PAN AACCC4119R
Bench Mumbai
Appeal Number ITA 5980/MUM/2019
Duration Of Justice 1 year(s) 6 month(s) 11 day(s)
Appellant INCOME TAX OFFICER 9(2)(2), MUMBAI , MUMBAI
Respondent CAPRO VALVAS & CONTROLS PRIVATE LIMITED, MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 31-03-2021
Appeal Filed By Department
Order Result Dismissed
Bench Allotted C
Tribunal Order Date 31-03-2021
Last Hearing Date 31-03-2021
First Hearing Date 31-03-2021
Assessment Year 2009-2010
Appeal Filed On 19-09-2019
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH MUMBAI BEFORE : SHRI MAHAVIR SINGH VICE PRESIDENT & SHRI M.BALAGANESH A CCOUNTANT M EMBER ITA NO. 5980 /MUM/ 20 19 ( ASSESSMENT YEAR : 20 09 - 10 ) & ITA NO. 5981 /MUM/ 2019 ( ASSESSMENT YEAR : 2011 - 12 ) ITO 9(2)(3) ROOM NO.601A 6 TH FLOOR AAYAKAR BHAVAN CHURCHGATE MUMBAI 400 020 VS. M/S. CAPRO VALVES & CONTROLS PVT. LTD. GALA NO.5 SURAT SINGH ESTATE CHAWL BEHIND AGARWAL INDUSTRIAL ESTATE OFF S.V. ROAD MUMBAI - 400 102 PAN/GIR NO. AACCC4119R (AP PELLANT ) .. (RESPONDENT ) REVENUE BY SHRI DEV VORA ASSESSEE BY MS. SHREEKALA PARDESHI DATE OF HEARING 31 / 03 /202 1 DATE OF PRONOUNCEMENT 31 / 03 /202 1 / O R D E R PER M. BALAGANESH (A.M) : THESE APPEAL S IN ITA NO. 5980/MUM/2019 & 5981/MUM/2019 FOR A.Y. 2009 - 10 & 2011 - 12 ARISE OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 16 MUMBAI IN APPEAL NO. CIT(A) - 16/IT - 10385/ITO - 9(2)(2)/2018 - 19 & CIT(A) - 16/IT - 10386/ITO - 9(2)(2)/2018 - 19 RESPECTIVELY ITA NO S . 5980 & 5981/MUM/2019 M/S. CAPRO VALVES & CONTROLS PVT. LTD. 2 DATED 28/06/2019 (LD. CIT( A) IN SHORT) IN THE MATTER OF IMPOSITION OF PENALTY U/S.271(1)(C) OF THE INCOME TAX ACT (HEREINAFTER REFERRED TO AS ACT) . 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 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 THESE APPEALS 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 S FILED BY THE REVENUE ARE DISMISSED AS NOT MAINTAINABLE. ORDER PRONOUN CED IN THE OPEN COURT ON 31/03/2021. SD/ - ( MAHAVIR SINGH ) SD/ - (M.BALAGANESH) VICE PRESIDENT ACCOUNTANT MEMBER MUMBAI ; DATED 31 / 03 / 2021 KARUNA SR.PS ITA NO S . 5980 & 5981/MUM/2019 M/S. CAPRO VALVES & CONTROLS PVT. LTD. 3 COPY OF THE ORDER FORWARDED TO : BY ORDER ( A SSTT. REGISTRAR) ITAT MUMBAI 1. T HE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A) MUMBAI. 4. CIT 5. DR ITAT MUMBAI 6. GUARD FILE. //TRUE COPY//