RAJAN KESHAVRAOJI PARATE,NAGPUR vs. ITO WARD 4(3), NAGPUR

ITA 57/NAG/2026Status: DisposedITAT Nagpur08 September 2026AY 2016-175 pages
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What did the Tribunal hold?

The Tribunal confirmed the penalty for concealment of income, stating the assessee had offered less income despite being aware of the transactions and the need for presumptive taxation. However, the penalty for non-maintenance of books of account was deleted as income was estimated under Section 44AD, which does not mandate regular books.

What were the facts?

The assessee filed a return of income but later filed a revised return after a notice for reopening the assessment due to significant cash deposits. The Assessing Officer (AO) estimated the income under Section 44AD and levied penalties for concealment of income and non-maintenance of books of account.

What were the issues?

Whether penalty for concealment of income is leviable when income is estimated under Section 44AD, and whether penalty for non-maintenance of books of account is justified when income is estimated under Section 44AD.

Which sections of the Income-tax Act were involved?

Section 271A,Section 271(1)(c),Section 44AD,Section 148

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, NAGPUR SMC BENCH, NAGPUR

Before: SHRI MANISH BORAD

For Appellant: Shri Dilip Lohiya, CA
For Respondent: Shri Shiv Shankar Yadav, Sr.DR
Hearing: 29/07/2026Pronounced: 08/09/2026

These appeals by the assessee are directed against the separate orders of Ld.

Commissioner of Income Tax (Appeals)/NFAC, Delhi (for short, “CIT(A)”) both dated 14.01.2026 passed u/sec. 250 of the Income Tax Act, 1961 (for short, “Act”) which are arising out of different penalty orders evenly dated 20.09.2024 passed u/sec. 271A and 271(1)(c) of the Act for the Assessment Year (A.Y.) 2016-17. 2. Grievance of the assessee through ITA No.56/NAG/2026 is against the levy of penalty of Rs. 25,000/- u/sec. 271A of the Act for non-maintenance of books of account and, ITA No. 57/NAG/2026 is against levy of penalty u/sec. 271(1)(c) of the Act at Rs. 67,153/- for concealment of particulars of income. (Rajan Keshavraoji

The order continues below.

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