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Income Tax Appellate Tribunal, RANCHI BENCH “SMC” RANCHI
Before: Shri S.S, Godara
आदेश /O R D E R This assessee’s appeal for assessment year 2009-10, arises against the Commissioner of Income-tax (Appeals)-Ranchi’s order dated 13.12.2017 passed in case No. 152/DHN/2014-15, involving proceedings u/s. 271(1)(c) of the Income Tax Act, 1961; in short ‘the Act’.
Case called twice. None appears at the assessee’s behest. I therefore proceed ex parte against the assessee. The case is now taken up for adjudication on merits.
The Assessee’s sole substantive grievance pleaded in the instant appeal seeks to reverse both the lower authorities’ action imposing penalty with regard to quantum assessment of his agricultural income claim of Rs.11,26,430/- as income from ‘other’ sources. There is no dispute about said quantum assessment having attained finality. The Revenue vehemently supports lower authorities’ action penalizing the assessee
ITA No. 111/Ran/2018 A.Y. 2009-10 Subhash Kr. Choudhary Vs. ITO Wd-II(2), DHN Page 2 to the tune of Rs.4,79,140/- regarding the above agricultural income claimed. I find no merit in Revenue’s arguments. The fact remains that the assessee had duly placed on record supportive evidence regarding leaseholder of agriculture land in issue. Hon’ble apex court’s landmark decision in CIT V/s Reliance Petro Products Ltd 322 ITR 158 (SC) has settled the law that quantum penalty proceedings are parallel in nature wherein each and every disallowance/addition does not invite the latter penal provision. I keep in mind this settled legal proposition to conclude that assessee’s evidence placed on record in support of agricultural income makes it sufficient case of neither concealment nor furnishing of inaccurate particulars of income per se. I accordingly direct the Assessing Officer to delete the impugned penalty.
This Assessee’s appeal is allowed. Order pronounced on 8/4/19
Sd/- (S.S. Godara) Judicial Member *PP/Sr.PS Dated/ �दनांकः- 8/04/2019 रांची आदेश क� ��त�ल�प अ�े�षत / Copy of Order Forwarded to:- 1. अपीलाथ�/Appellant-Subhash Kr. Choudhary, Kendua Pool, Kusunda, Dhanbad 2. ��यथ�/Respondent-ITO Ward-II(1), Dhanbad-826001 3. संबं�धत आयकर आयु�त / Concerned CIT 4. आयकर आयु�त- अपील / CIT (A) 5. �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण रांची / DR, ITAT, Ranchi 6. गाड� फाइल / Guard file. By order/आदेश से,
Sr. Private Secretary/P.S ITAT Ranchi