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2016 (7) TMI 177 - ITAT MUMBAI

2016 (7) TMI 177 - ITAT MUMBAI - TMI - Penalty u/s 271(1)( c) - addition u/s 69C of the Act in respect of unexplained expenditure - Held that:- The quantum addition has been deleted by the Tribunal and since the ld.CIT(A) has correctly deleted the penalty by a reasoned order on the ground that quantum having been deleted by the Tribunal. We also do inclined to interfere in the reasoned order of the ld.CIT(A). - Decided against revenue - I.T.A. No. 599/Mum/2014 - Dated:- 24-6-2016 - Shri Shailend .....

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assessee seeking adjournment on the ground that the person who is handling the case is out of station. In the earlier occasion vide letter dated 30.6.2015 filed on behalf of the assessee has sought adjournment on the same ground. After giving careful consideration to the adjournment application, we reject the same and decide the appeal ex-parte without the presence of assessee. 3. The facts in brief are that the return of income filed by the assessee on 12.8.2008 declaring total income at ₹ .....

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be evaded. Aggrieved by the order of AO, the assessee filed an appeal before the ld.CIT(A). 4. During the course of appellate proceedings before ld.CIT(A), the assessee submitted that the quantum addition made by the AO in the order passed u/s 143(3) r.w.s. 153C has been deleted by the Mumbai Bench of the Tribunal vide order dated 22.3.2013 and accepting the contentions of the assessee, the ld.CIT(A) deleted the penalty. Aggrieved by the order of ld.CIT(A), the revenue is in further appeal befor .....

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T, Mumbai before the Hon'ble Bombay High Court and the issues have not attained finality." 5. The ld.DR submitted before us that the Mumbai Bench has deleted the addition made by the AO u/s 143(3) r.w.s 153C of the Act and the revenue has filed appeal challenging the decision of the Tribunal and the matter is still subjudice before the Hon ble Jurisdictional High Court and no final outcome has reached. Therefore, he submitted that it will two early to confirm the decision of ld.CIT(A) d .....

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armendra Textile Processors & ors. 306 ITR 277(SC), the objective behind enactment of Section 271(1)(c) is to provide remedy for loss of revenue and such a penalty is a civil rather than a quasi-criminal liability, as contended by the appellant. Mens rea is no longer an essential ingredient for the levy of penalty u/s 271(1)(c) and no burden lies on the A.O. any longer to prove deliberate or conscious concealment. It is observed from the record that pursuant to assessment u/s, 153C, penalty .....

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made u/s 69C on merits. The relevant extracts of the said order are reproduced below.- "18. .. In the present case, impugned documents were not found from the possession of the assessee but was found from the possession of a third person i.e. Shri Dilip Dherai. Mere mention of the names of the villages where the companies may have purchased lands would not give any basis to assume/presume/surmise that the name of the companies are mentioned . impugned documents. The .very foundation of Sec .....

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expenditure 'to invoke the provisions of Sec. 69C of the Act.However, the allegations made by the lower authorities are not supported by actual cash passing hands. The entire additions are based on the seized documents and no other material has been adverted to and which could conclusively show that the huge amount of the magnitude mentioned in the seized documents travelled from one side to the other. The Revenue authorities have not brought a single statement on record of the vendors of la .....

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changed hands. No confession from the sellers have been brought on record … 25. .. In our considerate view (sic), there being no evidence to support the Revenue's case that a huge figure, whatever be its quantum, over and above the figure booked in the records and accounts changed hands between the parties, no addition could therefore be made u/s. 69C of the Act to the income of the assessee considering the entire facts brought on record, we have no hesitation to hold that even on me .....

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