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Narangi Land Development Corporation vs. ITO-Ward –25(3)(1)

Case No: ITA No.2735/Mum/2024
Court: Income Tax Appellate Tribunal, Mumbai
Date: 3 Oct 2024

Parties Involved

appellantNarangi Land Development Corporation
respondentITO-Ward –25(3)(1)

Facts Summary

The assessee, Narangi Land Development Corporation, is an AOP engaged in the business of real estate development. The assessee filed a return of income for the assessment year 2006-07, disclosing a total income of Rs.1,20,65,170/-. The case was selected for scrutiny, and the Assessing Officer found various discrepancies in the claimed expenditures. The assessee was unable to provide supporting documents for the claimed land development expenses, leading to additions by the Assessing Officer. The assessee appealed to the Commissioner of Income Tax (Appeals), who sustained the additions. Subsequently, the Assessing Officer levied a penalty under Section 271(1)(c) of the Act, which was confirmed by the Commissioner of Income Tax (Appeals). The assessee appealed to the Income Tax Appellate Tribunal, arguing that the penalty should not have been levied.

Decision in favour of

Assessee

Legal Issues

  • 1. Whether the penalty levied by the Assessing Officer can be sustained?

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

2 precedents cited in this judgement.

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Narangi Land Development Corporation vs. ITO-Ward –25(3)(1) | ITA No.2735/Mum/2024 | 2024 | Opakhya