2025 (2) TMI 975

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....69174068(1) all dated 27.09.2024 passed against the penalty orders by the Deputy Commissioner of Income Tax, Central Circle - 2(1), Mumbai, dated 31.05.2023 for Assessment Years 2015-16 and 2016-17, u/s. 271(1)(c) of the Income-tax Act (hereinafter referred to as the "Act") and for 2017- 18, u/s. 271AAB of the Act. 2. This set of three appeals by the assessee is on a common issue of levy of penalty on the issues which in the quantum proceedings have been decided by the Coordinate Bench of ITAT Bench in assessee's own case, granting partial relief by adopting certain percentages on an estimate basis. For appeal in ITA No.6004/Mum/2024 for Assessment Year 2017-18, the penalty levied is u/s. 271AAB and for the other two years u/s. 271(1)....

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....18 was issued and duly served upon the assessee. In response, assessee filed its return of income u/s 153C for A.Y. 2015-16 on 04.10.2018 declaring total income at Rs. 4,10,19,620/-. An order u/s 143(3) r.w.s. 153C of the Act was passed on 27.12.2018, assessing the total income at Rs. 6,37,94,600/-, after making addition of Rs. 1,83,380/- on account of cash expenses Rs. 58,59,297/- on account of bogus purchases expenditure u/s. 69C and Rs. 1,67,32,303/- on account of bogus labour payment u/s. 69C of the Act. Penalty proceedings u/s 271(1)(c) were initiated for furnishing inaccurate particulars of income and a notice u/s. 271(1)(c) of the Act dated 27.12.2018 was issued and served on the assessee to file explanation for the same within seven....

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....al purchases) 56,51,559 37,67,706 (i.e. 56,51,559- 18,83,853) (Reduced to 2% from 3%) Nil (Total addition amount deleted by ITAT) NIL 3. Bogus Labour Contract Payment (Rs.1,67,32,303/-)         (i) Payments made to 9 parties which could not be verified. 1,26,36,860 63,18,430 (Reduced to 50% from 100%) 6,31,843 (5% of disallowance confirmed) 6,31,843 (ii) Other expenses claimed for payments of labour contract (3% of total payments) 40,95,443 40,95,443 (Confirmed the addition made by the AO) Nil [Total addition amount deleted by ITAT) NIL Total addition confirmed by the Hon'ble ITAT       7,09,350 5. Despite the above tabulated fi....