Hiralal Chainrai Kataria, Pune V. Deputy Commissioner of Income-tax,

ITA 80/PUN/2015

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 7158 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-01-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 19-01-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: P L KUREEL
• Keywords: Wrong claim
• Section: 143(3)

Judgement Text

1 ] IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE BEFORE SHRI ANIL CHATURVEDI, AM AND SHRI VIKAS AWASTHY, JM . / ITA NO.80/PUN/2015 / ASSESSMENT YEAR : 2010-11 HARILAL CHAINRAI KATARIA, 6, A-1, CHAMBER, SAI CHOWK, PIMPIRI, PUNE 411017, MAHARASHTRA. PAN : ACIPK0615K. . APPELLANT VS. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 8, AKURDI, PUNE. .RESPONDENT / APPELLANT BY : SHRI DEEPAK SHARMA / RESPONDENT BY : SHRI P.L. KUREEL / ORDER PER ANIL CHATURVEDI, AM: THE APPEAL FILED BY THE ASSESSEE IS EMANATING OUT OF THE ORDER OF COMMISSIONER OF INCOME-TAX (APPEALS)-V, PUNE DT.07.10.2010 FOR THE ASSESSMENT YEAR 2010-11. / DATE OF HEARING : 30.01.2017 / DATE OF PRONOUNCEMENT: 31.01.2017 2 1. ASSESSEE IS AN INDIVIDUAL ENGAGED IN THE BUSINESS OF CIV IL CONTRACTS. ASSESSEE FILED HIS RETURN OF INCOME FOR A.Y. 2010 -11 ON 15.10.2010 DECLARING TOTAL INCOME AT RS.85,93,090/-. THE CA SE WAS SELECTED FOR SCRUTINY AND THEREAFTER ASSESSMENT WAS FRAM ED U/S 143(3) VIDE ORDER DT.06.03.2013 AND THE TOTAL INCOME WAS DETERMINED AT RS.1,39,41,090/- BY INTER-ALIA MAKING ADDITION OF RS.48,48,000/- ON ACCOUNT OF NON-GENUINE SUB CONTRACT PAYMENTS AND RS.5,00,000/- ON ACCOUNT OF SUB-CONTRACT EXPENSES. ON THE AFORESAID DISALLOWANCES, AO HELD THAT ASSESSEE HAD NOT BEE N ABLE TO PROVE THAT THE EXPENSES CLAIMED WERE GENUINE AND THAT ASSESSEE CONSCIOUSLY HAD MADE A BOGUS CLAIM OF CONTRACT PAYMENT WITH T HE INTENTION TO REDUCE HIS TAXABLE INCOME AND THEREBY CON CEALED PARTICULARS OF INCOME AS WELL AS FILED INACCURATE PARTICULARS O F INCOME WITHIN THE MEANING OF SEC.271(1)(C) AND THEREFORE ASSE SSEE WAS LIABLE FOR PENALTY. HE ACCORDINGLY LEVIED PENALTY OF RS.14,54,400/- U/S 271(1)(C) VIDE ORDER DT.19.09.2013. AGGRIEV ED BY THE PENALTY ORDER ASSESSEE CARRIED THE MATTER BEFOR E LD. CIT(A), WHO VIDE ORDER DT.07.10.2014 (IN APPEAL NO.PN/CIT(A)V/DCIT, CIR.8/334/13-14) DISMISSED THE APPEAL OF THE ASSESSEE. AGG RIEVED BY THE ORDER OF LD. CIT(A), ASSESSEE IS NOW IN APPEAL BEFORE US. 2. ON THE DATE OF HEARING ASSESSEE VIDE LETTER DT.30.0 1.2017 HAS SUBMITTED THAT HE DOES NOT WANT TO PURSUE THE APPEAL AND MAY BE ALLOWED TO WITHDRAW THE APPEAL. THE REVENUE DOES NOT HA VE ANY OBJECTION IN ASSESSEES WITHDRAWING THE APPEAL. 3 3. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. CONSIDERING THE AFORESAID SUBMISSIONS OF THE ASSESSEE FOR WITHDRAWAL OF APPEAL, THE APPEAL OF ASSESSEE IS DISMISSED AS WITHDRAWN. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMI SSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE 31 ST DAY OF JANUARY, 2017. SD/- SD/- ( VIKAS AWASTHY ) ( ANIL CHATURVEDI ) / JUDICIAL MEMBER / ACCOUNTANT MEMBER PUNE; DATED : 31 ST JANUARY, 2017. YAMINI !'#$%&%# / COPY OF THE ORDER FORWARDED TO : 1 . / THE APPELLANT 2. / THE RESPONDENT 3 . 4. 5 6. CIT(A)-V, PUNE, CIT-V, PUNE. !' # 1 #$%, ' $% , / DR, ITAT, B PUNE; '() * / GUARD FILE. / BY ORDER, // TRUE COPY // // // /// // TRUE///// // T // TRUE COPY // , -./0 / ASSISTANT REGISTRAR, ' $% , / ITAT, PUNE.