2017 (7) TMI 1430 - AT - Income Tax

Penalty u/s 271(1)(c) - Income of the assessee was finally estimated by the Ld. AO @2% of total receipts as per the Bank statements which was confirmed by the Ld. CIT(A) - HELD THAT - As decision of Tribunal rendered in associated concern of the group Jayesh K. Sampat 2016 (10) TMI 1127 - ITAT MUMBAI where the Tribunal on identical set of facts and similar submissions / contentions has remitted the matter back to the file of AO for fresh adjudication in terms of respective submissions. Both representatives have agreed for similar directions in the present case. Thus as facts of the instant case are identical in all respect and submissions of the representatives are also identical. Therefore, on similar lines, the matter is restored back to the file of Ld. Assessing Officer for fresh adjudication, which results into assessee s quantum appeals being partly allowed for statistical purposes.

Summary

Issues:
- Quantum assessment for Assessment Years 2004-05 to 2010-11
- Imposition of penalty under section 271(1)(c)

Analysis:

Quantum Assessment:
The appeals by the assessee challenged the quantum assessment and penalty imposed for the mentioned Assessment Years. The case arose from a search action under section 132 in the case of a specific group, including the assessee, for providing accommodation entries. The Assessing Officer estimated the income of the assessee at 2% of total receipts, a decision upheld by the CIT(A). However, the assessee contended that the assessment lacked sufficient opportunity for hearing and challenged the 2% addition, advocating for 0.15% instead. The Tribunal considered various decisions of associated concerns where income was estimated at 0.15% and decided to remit the matter back to the Assessing Officer for fresh adjudication based on the submissions and case laws presented. The Tribunal found the issue to be identical to previous cases and directed the Assessing Officer to decide the matter afresh, allowing the appeals for the mentioned Assessment Years for statistical purposes.

Imposition of Penalty:
The assessee was also penalized under section 271(1)(c) for the mentioned Assessment Years, a penalty confirmed by the CIT(A). However, since the quantum assessment was set aside for fresh adjudication, the penalties imposed were also deemed invalid. Therefore, all penalty appeals were allowed, and the revenue was given the option to initiate fresh penalties based on the revised quantum assessments. Consequently, the quantum appeals were partly allowed for statistical purposes, while the penalty appeals were fully allowed. The order was pronounced on 7th July 2017, with the quantum appeals partly allowed and the penalty appeals allowed.