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DDIT(Inv.) Lacked Jurisdiction Beyond ₹5 Lakh Limit – Only Regular AO Can Levy Higher Penalty under BMA

Case Law Details

TaxGuru Citation
2025 taxguru.in 10308
Case Name
Sadanand Bhalchandra Sule Vs Dy. Director of Income Tax (Inv.) (ITAT Mumbai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2016-17
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Sadanand Bhalchandra Sule Vs Dy. Director of Income Tax (Inv.) (ITAT Mumbai)

Penalty u/s 43 Quashed – DDIT(Inv.) Lacked Jurisdiction to Levy ₹10 Lakh Penalty Beyond ₹5 Lakh Limit under CBDT Guidelines: Only Regular AO Can Levy Penalty Exceeding ₹5 Lakh under BMA- ITAT Mumbai

Assessee filed four appeals challenging the levy of penalty of ₹10,00,000 each u/s 43 of the Black Money (Undisclosed Foreign Income & Assets) & Imposition of Tax Act, 2015 (“BMA”) for non-disclosure of shareholdings in two Singapore entities—Manquist Holdings Pte. Ltd. & Aavishkaar International Ltd.—in Schedule FA of his ITRs.

Before Tribunal, Assessee raised an additional legal ground contending that DDIT(Inv.)-6(1), Mumbai lacked jurisdiction to pass the penalty order as per CBDT Guidelines dated 23-01-2018, which stipulate that after completion of assessment, penalty proceedings where JCIT approval is required must be handled by the regular AO, not by DDIT(Inv.). The penalty exceeding ₹5 lakh required JCIT approval u/s 46(4)(b) of the BMA, & hence DDIT(Inv.) could not lawfully levy it.

Department argued that DDIT(Inv.) had concurrent jurisdiction under CBDT Notification No. 39/2017 dated 16-05-2017 & Pr.DIT(Inv.)-2’s order dated 16-09-2020; that CBDT guidelines were administrative; & that the approval by Addl. DIT(Inv.) was valid being from a higher-ranked officer.

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,844

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