Case Law Details
Jayant B Patel HUF Vs DCIT (ITAT Mumbai)
(a) No penalty under Explanation-5 to Section 271(1)(c) of the Act could be levied in respect of undisclosed income found in the course of search but which were duly returned by the assessee in the return filed u/s.153A of the Act together with compliance of other conditions submitted in Clause-2 of Explanation-5 to Section 271(1)(c) of the Act which provides immunity to the assessee from levy of penalty. By this, the penalty levied for all the assessment years in the total sum of Rs.17,39,035/- is deleted.
(b) In respect of penalty on additions made during the course of assessments framed u/s.153A of the Act for three assessment years i.e. A.Yrs 2001-02, 2003-04 and 2007-08, we hold that the same is deleted for recording improper satisfaction on the part of the ld. AO by not mentioning the specific offence committed by the assessee in the quantum assessment order and also for initiating penalty on one limb and levying penalty on the other limb of the alleged offence. By this, the penalty levied for three assessment years in the sum of Rs.3,03,339/- is deleted.
FULL TEXT OF THE ITAT JUDGEMENT
These appeals in ITA No.4619/Mum/2018, ITA No.4620/Mum/2018, ITA No.4621/Mum/2018, ITA No.4622/Mum/2018, 4623/Mum/2018 & 4624/Mum/2018 & 4625/Mum/2018 for A.Y.2001-02,2002-03,2003-04,2004-05, 2005-06, 2006-07 & 2007-08 respectively arise out of the order by the ld. Commissioner of Income Tax (Appeals)-48, Mumbai in appeal Nos. CIT(A)-48/I.T-42,44 & 48/DC CC2(3)/2017-18, CIT(A)-48/I.T-43,45,46 & 47/DC CC2(3)/2017-18 dated 14/06/2018, 31/05/2018 (ld. CIT(A) in short) in the matter of imposition of penalty u/s.271(1)(c) r.w.s. 274 & 271(1)(c) respectively of the Income Tax Act, 1961. Also include the details of Asst Year 2007-08.
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