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आदेश/Order
Per Sanjay Garg, Judicial Member:
The present appeals have been preferred by the assessee against the separate orders dated 26.10.2018 of the Commissioner of Income Tax, Karnal [hereinafter referred to as’ CIT(A)’ ].
Both the appeals are time barred by 35 days. Separate applications for Condonation of delay in filing the appeals have been filed by the assessee. Considering the submissions of the assessee in the
ITA Nos. 179 & 180/Chd/2019 Shri Sukhwinder Singh, Patiala 2 applications and shortness of the delay period of only 35 days, the delay
in filing the present appeals is hereby condoned
At the outset, the Ld. proxy counsel for Shri S.K. Mukhi has
invited our attention to the impugned order of the CIT(A) which
revealed that in this case the books of account were rejected and the
income of the assessee was estimated by applying an estimated gross
profit (GP) rate of 12% by the Assessing Officer which was scaled
down by the ITAT, Chandigarh to 6%. Further, perusal of the order
reveals that the books of account were rejected because the assessee had
not produced certain bills and vouchers in relation to the claim of
expenditure.
After going through the facts, we are of the view, that these are
not the cases where the assessee has furnished the inaccurate particulars
of income or concealed the income. The assessee is a Civil contractor
and the plea of the assessee has been that his nature of work was such
that it was not possible to produce all the bills and vouchers.
Considering the above plea, the Tribunal directed for estimating of the
income at 6% of the GP as against 12% estimated by the Assessing
Officer.
ITA Nos. 179 & 180/Chd/2019 Shri Sukhwinder Singh, Patiala 3 Under the circumstances, we do not think it a fit case for levy of penalty u/s 271 (1)(c) of the Act and the penalty levied in these appeals
accordingly is ordered to be deleted. In the result, both the appeals stand allowed. Order dictated and pronounced in the Open Court immediately on completion of hearing.
Sd/- Sd/- (अ�नपूणा� गु�ता / ANNAPURNA GUPTA) (संजय गग� / SANJAY GARG) लेखा सद�य/ Accountant Member �या�यक सद�य/ Judicial Member
Dated : 30.10.2019 “आर.के.”
आदेश क� ��त�ल�प अ�े�षत/ Copy of the order forwarded to : 1. अपीलाथ�/ The Appellant 2. ��यथ�/ The Respondent 3. आयकर आयु�त/ CIT 4. आयकर आयु�त (अपील)/ The CIT(A) 5. �वभागीय ��त�न�ध, आयकर अपील�य आ�धकरण, च�डीगढ़/ DR, ITAT, CHANDIGARH 6. गाड� फाईल/ Guard File
आदेशानुसार/ By order, सहायक पंजीकार/ Assistant Registrar