Assessee filed return declaring loss of Rs. 3.67 crores. AO assessed assessee’s income at Rs. 34.63 lakhs. Tribunal reduced the income to NIL. AO levied the penalty for concealment of income on basis of escaped income of Rs. 34.63 lakhs. Tribunal deleted penalty on grounds that it had in quantum appeal reduced income to NIL and assessee had suffered loss in earlier years. Revenue filed application for rectification before Tribunal. Tribunal by an order dt. 5-9-2018 recalled its earlier order. The assesee filed writ petition challenging the order of the Tribunal recalling the order. Dismissing the petition the Court held that, in CIT v. Gold Coin Health Food (P) Ltd (2008) 304 ITR 308 (SC) larger Bench overruled the decision in Virtual Soft Systems Ltd. v. CIT (2007) 289 ITR 83 (SC) has held that penalty can be imposed even in the case of reduced loss. On the facts the Tribunal has deleted the penalty without examining the relevant issues. Accordingly the Writ petition of the assessee was dismissed. (AY. 2001-02)
Sheetal Diamonds Ltd. v. ITAT (2019) 306 CTR 339 / 173 DTR 353 / 102 taxmann.com 177 ( Bom.) (HC)
S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record –Concealment penalty-Quantum reduced to nil-Deletion of penalty by Tribunal-Tribunal recalled earlier order on rectification application of the revenue-Recalling of the order is held to be valid. [S. 271(1)(c)]