Sushmita Sen gets relief from ITAT in Income Tax penalty case

Advocate Akhilesh Kumar Sah

Sushmita Sen Vs ACIT (ITAT Mumbai)

Sushmita Sen recent appeal: Where the assessee made certain claim which had not been accepted by the Revenue, penalty under section 271(1)(c) thereon deleted

Very recently, in Sushmita Sen vs. ACIT [I.T.A. No.4351/Mum 2015 and 4352/Mum 2015, A.Y. 2004-05, decided on 14.11.2018], appeals by assessee for Assessment Year [in short referred to as ‘AY’] 2004-05 contested the orders of first appellate authority qua confirmation of certain addition as well as penalty under section 271(1)(c) of the Income Tax Act, 1961 (for short ‘Act’). Since the penalty arose out of quantum addition, both the appeals were disposed-off by way of the common order for the sake of convenience and brevity. In quantum appeal ITA No. 4352/Mum/2015 which contested the order of Commissioner of Income Tax (Appeals)-4, Mumbai, [in short referred to as ‘CIT(A)’], Appeal No. CIT(A)-4/Tr-26/Appeal-(3)/ACIT.11(1)/2014-15 dated 24/03/2015, the following effective grounds of appeal were raised before ITAT, Mumbai:

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