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of <h1>Tax Tribunal rules in favor of taxpayer, deletes penalty under section 271(1)(c)</h1> <h3>DCIT -3 (1), Mumbai Versus M/s. Emerson Process Management India Pvt. Ltd.</h3> DCIT -3 (1), Mumbai Versus M/s. Emerson Process Management India Pvt. Ltd. - TMI Issues:- Challenge to order of CIT (A) regarding penalty under section 271(1)(c) of the Act.Analysis:1. The appellant, an assessee-company involved in manufacturing and trading of process control instruments, filed its return of income declaring &8377; 21,47,56,506/-. The Assessing Officer (AO) completed the assessment determining income at &8377; 31,07,81,998/-. The effective ground of appeal was the deletion of penalty under section 271(1)(c) by the AO.2. The AO initiated penalty proceedings alleging inaccurate particulars of income and concealment of particulars to avoid taxes. The First Appellate Authority (FAA) held that penalty was levied in view of section 50C, relating to the sale of a building. The FAA referred to relevant legal cases and held that the penalty was not justified as all income particulars were disclosed by the assessee.3. During the hearing, the Departmental Representative argued that the assessee provided a wrong computation for Short-Term Capital Gains (STCG), while the Authorized Representative contended that the computation was integral to the return of income. The Tribunal found that the AO and the assessee had a difference of opinion on the treatment of the amount in question, making the penalty not leviable for a disputed issue.4. The Tribunal cited cases where penalties were deleted due to debatable issues under section 50C. It upheld the FAA's decision, emphasizing that the assessee had furnished all transaction details, and the AO failed to prove inaccurate particulars of income. The Tribunal dismissed the appeal, confirming the FAA's order.5. The Tribunal concluded that the FAA's order was legally sound, following precedents cited by the assessee. Therefore, the appeal filed by the AO was dismissed, and the order was pronounced on 3rd May 2017.
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