PRAJAKTA VAIDYA,NAGPUR V. .ITO WARD 1(5), NAGPUR

ITA 372/NAG/2024

AI Insights

The case involves an appeal by Prajakta Prabhakar Vaidya against the order of the Commissioner of Income Tax (Appeals), which upheld a penalty of Rs. 93,000 for the assessment year 2013-14. The penalty was initially levied due to an alleged undisclosed investment of Rs. 3,00,000 with the Wasankar Group, as per information received from the Pr. CIT-1, Nagpur. The Tribunal noted that the Assessing Officer did not conduct a proper inquiry to establish concealed income and merely added the amount under section 69 of the Income Tax Act without correlating the dates of investment. The Tribunal criticized the re-opening of the assessment for mere verification purposes and highlighted the lack of substantive evidence of concealment or inaccurate submission by the assessee.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 24289 (ITAT-NAGPUR)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-12-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2013-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ABHAY Y. MARATHE
• Keywords: Reason to believe
• Section: 69

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI K.M. ROY, ACCOUNTANT, MEMBER ITA no.372/Nag./2024 (Assessment Year : 2013–14) Prajakta Prabhakar Vaidya Plot no.4, Corporation Colony North Ambazari Road Near Gandhinagar Square Nagpur 440 010 PAN – AEBPV4276N ……………. Appellant v/s Income Tax Officer Ward–1(5), Nagpur ……………. Respondent Assessee by : None Revenue by : Shri Abhay Y. Marathe Date of Hearing – 09/12/2024 Date of Order – 20/12/2024 O R D E R PER K.M. ROY, A.M. The present appeal has been filed by the assessee challenging the impugned order dated 25/04/2024, passed by the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, [“learned CIT(A)”], for the assessment year 2013–14. 2. In its appeal, the assessee has raised following grounds:– “1. In the facts and circumstances of the case and in law, the CIT(A) NFAC has erred in law by upholding the penalty of Rs.93,000/- levied on the 2. In the facts and circumstances of the case and in law, the CIT(A) NFAC has erred in law by upholding the penalty when there was no concealment of income nor any inaccurate particulars were submitted by the assessee.” 2 Prajakta Prabhakar Vaidya 3. There is no representation made by the assessee. 4. The facts of the case lie in a narrow compass. We have carefully considered grounds of re–opening in assessment order, which is reproduced below:– “Information has been received from The Pr. CIT-1, Nagpur through Sharing of information that the assessee had invested an amount of Rs.3,00,000/- with Wasankar Group during the FY 2012-13. On analysis of information available on the record, it is clear that the assessee invested an amount of Rs.3 lacs with Wasankar Group during the year under consideration needs to be verified/investigated its source of investment. In view of the above, I have a reason to believe that amount invested of Rs. 3,00,000/- with Wasankar Group has escaped assessment for the A.Y. 2013- 14 in this case. 5. There can be no re–opening only for the purpose of verification. The assessment itself is fragile and is liable to be demolished. The assessee may not have challenged as she may not have been advised. However, the Assessing Officer also did not make any enquiry to establish the concealed income and had passed the order in a slipshod fashion and had added ` 3 lakh under section 69 of the Act without even co–relating the dates of investment. Penalty proceedings are distinct from assessment proceedings. Strict interpretation of penal provisions is required as it is a civil liability for imposing penalty. The imposition of penalty for ` 93,000 is unsupportable and directed to be deleted in the peculiarity of circumstances. It has not been demonstrated as to whether investment could have emanated from past savings. Accordingly, the grounds raised by the assessee are allowed. 6. In the result, appeal filed by the assessee is allowed. 3 Prajakta Prabhakar Vaidya Order pronounced in the open Court on 20/12/2024 Sd/- V. DURGA RAO JUDICIAL MEMBER Sd/- K.M. ROY ACCOUNTANT MEMBER NAGPUR, DATED: 20/12/2024 Copy of the order forwarded to: (1) The Assessee; (2) The Revenue; (3) The PCIT / CIT (Judicial); (4) The DR, ITAT, Nagpur; and (5) Guard file. True Copy By Order Pradeep J. Chowdhury Sr. Private Secretary Sr. Private Secretary ITAT, Nagpur "