ACIT v. Vaibhav Pankaj Shah. (2025) 213 ITD 625 (Mum) (Trib.)

S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record-Penalty-Concealment-Without valid approval of Joint Commissioner-Miscellaneous application of revenue was dismissed. [S.271(1)(c)]

Assessee filed an appeal before the Tribunal against the penalty order dated 17-3-2020, contending that the Assessing Officer had passed an order before obtaining approval from the Joint Commissioner and relied on the later approval dated 18-3-2020 to support this. Tribunal allowed assessee’s appeal and deleted the penalty. Revenue filed a miscellaneous application under section 254(2), contending that the order was validly passed based on the Joint Commissioner’s approval dated 17-3-2020. The Tribunal held that the revenue failed to produce valid, signed approval dated 17-3-2020, and the documents relied upon were unsigned. Since no valid approval was brought on record, the penalty order could not be sustained, and the miscellaneous application was dismissed.  (AY. 2013-14)

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