| COURT: | ITAT Mumbai |
| CORAM: | Amarjit Singh (JM), Rajesh Kumar (AM) |
| SECTION(S): | 194C, 206AA, 271C |
| GENRE: | Domestic Tax |
| CATCH WORDS: | stay of demand, stay of penalty proceedings |
| COUNSEL: | Hiten Chande, J.D. Mistri |
| DATE: | September 28, 2018 (Date of pronouncement) |
| DATE: | October 13, 2018 (Date of publication) |
| AY: | 2016-17, 2017-18 |
| FILE: | Click here to view full post with file download link |
| CITATION: | |
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S. 271C & 206AA Penalty: The assessee has made out a prima facie case that the outcome of the appeal before the ITAT will directly impact the penalty proceedings which are hurriedly being finalized by the authorities which may entail huge liability by way of penalty on the assessee. The Revenue authorities are accordingly restrained from passing any order imposing penalty on the assessee so long as the appeal is pending before the Tribunal (Wander 44 Taxman.com 103 (Bom) & GE India Technology 46 Taxmann.com 374 (Guj) followed) |
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So far as the penalty proceedings are concerned, the assessee has made out a prima facie case in favour of the assessee proving that the outcome of the appeal before ITAT will directly impact the proceedings which are hurriedly being finalized by the authorities below, which may entail huge liability by way of penalty on the assessee. In our opinion, so long as the appeal is pending before the Tribunal, the Revenue authorities should be restrained from passing any order imposing penalty on the assessee u/s 271C and 206AA of the Act however the proceedings may continue
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