MR. BHAGWAN SHEKUJI SHEJWAL,AURANGABAD V. ITO, WARD-1(3), AURANGABAD

ITA 2089/PUN/2024

AI Insights

This case involves an appeal by Mr. Bhagwan Shekuji Shejwal against the penalty levied by the Income Tax Officer (ITO), Ward-1(3), Aurangabad, following an assessment for the year 2012-13. The penalty was imposed under section 271(1)(c) of the Income Tax Act, 1961, amounting to Rs. 1,68,901/-, which was based on an addition of Rs. 8,61,948/- made by the Assessing Officer. The Tribunal had previously deleted the addition related to an unexplained cash deposit of Rs. 8,10,000/- in a separate quantum appeal, leading to the reduction of the penalty. The remaining penalty was confirmed due to the undisclosed interest income of Rs. 51,948/-, as the assessee did not contest this in the quantum appeal.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 47241 (ITAT-PUNE)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-04-2025
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Other Referred Cases: ITA No. 1978/PUN/2024
• Laws Referred To: Income Tax Act
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: SANDEEP P. SATHE
• Assessee Lawyers: PRASAD BHANDARI
• Section: 143(3); 271(1)(c)

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCHES “A”, PUNE BEFORE DR.MANISH BORAD, ACCOUNTANT MEMBER AND MS. ASTHA CHANDRA, JUDICIAL MEMBER आयकर अपील सं. / ITA No.2089/PUN/2024 Assessment Year : 2012-13 Mr. Bhagwan Shekuji Shejwal, Datta Nagar, Main Road, Ranjangaon SP. TQ Gangapur, Aurngabad-431136 PAN : BRSPS2318P Vs. ITO, Ward-1(3), Aurangabad Appellant Respondent आदेश / ORDER PER ASTHA CHANDRA, JM : This appeal at the instance of assessee is directed against the order of the Ld. CIT(A)/National Faceless Appeal Centre, Delhi dated 12.08.2024 which is arising out the order u/s. 143(3) r.w.s. 147 of the Act for Assessment Year 2012-13 framed by ITO, Ward-1(3), Aurangabad. 2. The only issue for our consideration is regarding levy of penalty of Rs.1,68,901/- on the addition made by the Ld. Assessing Officer of Rs.8,61,948/- in the assessment for A.Y. 2012-13 framed on 13.12.2019. Appellant by : Shri Prasad Bhandari Revenue by : Shri Sandeep P. Sathe Date of hearing : 15.01.2025 Date of pronouncement : 08.04.2025 ITA No.2089/PUN/2024 2 3. We observe that the addition constitutes of two items, the first regarding unexplained cash deposit of Rs.8,10,000/- and second is undisclosed interest of Rs.51,948/-. The Ld. Assessing Officer carried out the proceedings u/s. 271(1)(c) of the Act and levied the penalty of Rs.1,68,901/-. 4. While dealing with the merits of the case in ITA No. 1978/PUN/2024 in assessee’s own case, we have deleted the addition of Rs.8,10,000/-. Since, the addition itself has been deleted, therefore, the penalty levied thereon also deserves to be deleted. So far as, the undisclosed interest income of Rs.51,948/- is concerned the assessee has not raised the ground in the quantum appeal. Thus, taking into the consideration of the arguments made by the Ld. Counsel for the assessee in the penalty proceedings and appellate proceedings before us and also taking note of the submissions made by the Ld. Departmental Representative, we are inclined to hold that out of the alleged penalty of Rs.1,68,901/-, the penalty of Rs.1,58,722/- deserves to be deleted in light of our decision on quantum appeal deleting the addition of Rs.8,10,000/-. The remaining amount of penalty at Rs.10,179/- is hereby confirmed. Though, the assessee has raised some legal ground also about the invocation of limb for levy of penalty, we, however, in the absence of necessary details filed by the assessee do not find necessary to deal and the same is dismissed. The penalty u/s. 271(1)(c) of the Act is confirmed at Rs.10,179/- and the remaining amount of Rs.1,58,722/- is hereby deleted. Thus, the grounds of appeal raised by the assessee are partly allowed. ITA No.2089/PUN/2024 3 8. In the result, the appeal of the assessee is partly allowed. Order pronounced on this 08th day of April, 2025. Sd/- Sd/- (MANISH BORAD) (ASTHA CHANDRA) ACCOUNTANT MEMBER JUDICIAL MEMBER पुणे / Pune; ददन ंक / Dated : 08th April, 2025. RK आदेश की प्रतितलतप अग्रेतिि / Copy of the Order forwarded to : 1. अपील र्थी / The Appellant. 2. प्रत्यर्थी / The Respondent. 3. The Pr. CIT concerned. 4. तिभ गीय प्रतितनति, आयकर अपीलीय अतिकरण, “A” बेंच, पुणे / DR, ITAT, “SMC” Bench, Pune. 5. ग र्ड फ़ इल / Guard File. आदेश नुस र / BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अतिकरण, पुणे / ITAT, Pune. "