Jashiben Dashrathbhai Patel, Kalol V. ITO, Ward-4, Mehsana

ITA 1033/AHD/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 2659 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 10 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-03-2020
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Next Hearing Date: 03-03-2020
• Assessment Year: 2008-2009
• Appeal Filed On: 25-04-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Assessee Lawyers: DIVYA AGARWAL
• Keywords: Corroborative evidences
• Section: 271(1)(c); 274; 147; 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD SMC BENCH BEFORE: SHR I SANDEEP GOSAIN , JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER JASHIBEN DAS H RATHBHAI PATEL, 39, GURUKRUPA SOCIETY, PANCHVATI AREA, KALOL PAN: ASDPP4575A (APPELLANT) VS THE IT O , WARD - 4 , MEHSANA - 38 4002 (RESPONDENT) REVENUE BY : S H RI VIRENDRA SINGH , SR. D . R. ASSESSEE BY: SHRI DIVYA AGARWAL , A.R. DATE OF HEARING : 03 - 0 3 - 2 020 DATE OF PRONOUNCEMENT : 04 - 03 - 2 020 / ORDER P ER : AMARJIT SINGH, ACCOUNTANT MEMBER : - THIS ASSESSE E S APPEAL FOR A.Y. 2008 - 09 , ARI SES FROM ORDER OF THE CIT(A), GANDHINAGAR, AHMEDABAD DATED 07 - 02 - 2 018 , IN PROCEEDINGS UNDER SECTION 271(1)(C) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT . 2. THE SOLITARY GROUND OF APPEAL OF THE ASSESSEE IS AGAINST THE DECISION OF LD. CIT(A) IN CONFIRMING THE PENALTY LEVIED BY THE ASSESSING OFFICER OF RS. 3 , 32 , 243/ - U/S. 271(1)(C) OF THE ACT. I T A NO . 1033 / A HD/20 18 A SS ESSMENT YEAR 2008 - 09 I.T.A NO. 1 0 3 3 /AHD/20 18 A.Y. 2008 - 09 PAGE NO JASIBEN DASHRATHBHAI PATEL VS. IT O 2 3. THE FACT IN BRIEF IS THAT ASSESSMENT U/S. 144 R.W.S. SECTION 147 O F THE ACT WAS MADE ON 28 TH JAN, 2016 AND TOTAL INCOME WAS ASSESSED AT RS. 1159140/ - . NO RETURN OF INCOME WAS FILED BY THE ASSESSEE. AT THE TIME OF ASSESSMENT, THE ASSESSING OFFICER HAS NOT ICED AS PER AIR INFORMATION THE ASSESSEE HAS MADE CASH DEPOSITS OF RS. 11,54,000/ - IN HER SAVING BANK ACCOUNT M AINTAINED WIT H AXIS BANK LTD. D URING THE COURSE OF ASSESSMENT, THE ASSESSEE WAS ASKED TO EXPLAIN THE SOURCE OF CASH DEPOSIT WITH RELEVANT SUPPORTING EVIDENCES, THE ASSESSEE HAS NOT MADE ANY COMPLIANCE. H OWEVER, THE ASSESSING OFFICER HAS TREATED THE CASH DEPOSIT AS UNE XPLAINED AND ADDED TO THE TOTAL INCOME OF THE AS SESSEE. THE ASSESSING OFFICER HAS ALSO INITIATED PENALTY PROCEEDINGS U/S. 271(1)(C) OF THE ACT. IN RESPONS E TO THE SHOW CAUSE NOTICE ISSUED U/S. 274 R.W.S. 271(1)(C) OF THE ACT NEITHER THE ASSESSEE HAS ATTE NDED THE PROCEEDINGS NOR FURNISHED ANY SUBMISSION BEFORE THE ASSESSING OFFICER. CONSEQUENTLY, THE ASSESSING OFFICER HAS LEVIED MINI MUM PENALTY @ 100% OF THE TAX S OUGHT TO BE EVADED ON UNEXPLAINED CASH DEPOSIT TO THE AMOUNT OF RS. 11,59,000/ - AT RS. 3 ,3 2 , 2 43/ - 4. DURING THE COURSE OF APPELLATE PROCEEDINGS BEFORE US, AT THE OUTSET, THE LD. COUNSEL HAS BROUGHT TO OUR NOTICE THAT THE LD. CIT(A) VIDE ORDER DATED 8 TH JUNE, 2018 HAS RESTRICTED THE ADDITION TO EXTENT OF RS. 3,45,000 / - ON THE BASIS OF PEA K AMOUNT AS AGAINST ADDITION OF R S. 11,59,0000/ - MADE BY THE ASSESSING OFFICER. THEREFORE, THE LD. COUNSEL HAS CONTENDED THAT THE PENALTY LEVIED IN THE CASE OF THE ASSESSEE BE RESTRICTED TO THE EXTENT OF QUANTUM ADDITION SUST AINED BY THE LD. CIT(A). THE LD. DEPA RTMENTAL REPRESENTATIVE WAS FAIR ENOUGH NOT TO CONTRADICT THESE UNDISPUTED FACTS PLEADED BY THE LD. COUNSEL ON THE BASIS OF ORDER OF LD. CIT(A). UNDER THE CIRCUMSTANCES, WE I.T.A NO. 1 0 3 3 /AHD/20 18 A.Y. 2008 - 09 PAGE NO JASIBEN DASHRATHBHAI PATEL VS. IT O 3 DIRECT THE ASSESSING OFFICER TO COMPUTE THE PENALTY U/S. 271(1)( C) ON THE AMOUNT O F RS. 3,45,000/ - S U STAINED BY THE LD. CIT(A) VIDE ORDER DATED 8 TH JUNE, 2018. ACCORDINGLY , THE APPEAL OF THE ASSESSEE IS PARTLY ALLOWED. 5. IN THE RESULT , THE APPEAL OF THE ASSESSEE IS PARTLY ALLOWED. ORDER PR ONOUNCED IN THE OPEN C OURT ON 04 - 03 - 20 20 S D/ - SD / - ( SAN DEEP GOSAIN ) ( AMARJIT SINGH ) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD : DATED 04 /03 /2020 / COPY OF ORDER FORWARDED TO: - 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,