ATUL JENTILAL GUMASNA,GONDAL vs. THE INCOME TAX OFFICER, WARD-1(2)(1), RAJKOT

ITA 636/RJT/2026Status: DisposedITAT Rajkot08 September 2026AY 2017-185 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal condoned the delay in filing the appeal before the CIT(A). It held that since the addition in the quantum appeal was made on an estimated basis (10% of Rs. 8,78,000/-), penalty for concealment of income should not be levied.

What were the facts?

The assessee's appeal before the CIT(A) was delayed by 402 days. The Assessing Officer added back unexplained cash deposits of Rs. 8,78,000/- and levied a penalty of Rs. 67,825/- under Section 271AAC(1). The CIT(A) confirmed the penalty.

What were the issues?

Whether penalty under Section 271AAC(1) is leviable on additions made on an estimated basis. Whether the delay in filing the appeal before the CIT(A) should be condoned.

Which sections of the Income-tax Act were involved?

Section 271AAC(1),Section 69A,Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC”

Before: Dr. Arjun Lal Saini

Hearing: 16/06/2026Pronounced: 08/09/2026

Per, Dr. Arjun Lal Saini, AM:

The present appeal has been filed by the assessee, against the order passed by the Learned Commissioner of Income Tax (Appeal), National Faceless Appeal, Centre (NFAC), Delhi [hereinafter referred to as “CIT(A)”] dated 18.02.2026 arising in the matter of penalty order passed u/s.271AAC (1) of the Income Tax Act, 1961 dated 20.02.2024, relevant to the Assessment Year 2017-18. 2. When the matter was called for hearing, the learned Counsel for the assessee at the outset submitted th

The order continues below.

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