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आदेश/Order
The present appeal has been preferred by the assessee against the order dated 20.07.2018 of the Commissioner of Income Tax (Appeals)-3, Ludhiana [hereinafter referred to as ‘CIT(A)’].
The sole issue raised in this appeal relates to the levy of penalty u/s 271 (1)(c) of the Act in respect of the quantum additions sustained by the Ld. CIT(A).
ITA No. 1570-Chd-2018- Shri Gurpinder Singh Randhawa, Ludhiana 2 3. The appeal is time barred by limitation period of 39 days. The
assessee has moved a separate application pleading therein that the
assessee who is NRI, though, tried to arrange for / sent the necessary
papers for filing the appeal in time to his counsel, however, in the
process, the delay of 39 days has occurred which was beyond the
control of the assessee.
Considering the above submissions of the assessee and the
shortness of the delay in filing the appeal, the delay of 39 days is hereby
condoned.
At the outset, Ld. Counsel for the assessee has submitted that the
assessee is engaged in the business activity of sale and purchase of old
cars / vehicles. That certain amounts were found deposited in the
account of the assessee. On being asked to explain in this aspect, the
assessee explained to the Assessing Officer that the said amount
belonged to the clients / intending purchasers who used to handover
certain amounts for the purchase of the vehicles of their choice through
the assessee and as and when such vehicles are found available for the
sale. However, the Assessing Officer did not get satisfied with the above
explanation of the assessee and made the addition of Rs. 8.41 lacs
taking the figure of peak cash credited in the account of the assessee.
Apart from that, the Assessing Officer estimated 10% of the profits on
the total amount found deposited in the bank account of the assessee.
ITA No. 1570-Chd-2018- Shri Gurpinder Singh Randhawa, Ludhiana 3 5. In appeal, the Ld. CIT(A) after considering the submissions of
the assessee in respect of the income already declared as well as source
of certain deposits, reduced the addition in respect of peak cash credit to
Rs. 4.91 lascs. He also restricted the addition to Rs. 1.14 lacs as against
2.30 lacs made by the Assessing Officer on account of estimated 10%
profits. Separate penalty proceedings u/s 271 (1)(c) were also initiated
by the Assessing Officer, whereupon, the Assessing Officer had levied
the impugned penalty in respect of the additions so confirmed by the
Ld. CIT(A).
The assessee did not prefer appeal against the order of the Ld.
CIT(A) in relation to the quantum additions, however, in the present
appeal, the assessee has contested the levy of penalty u/s 271 (1)(c) of
the Act.
I have considered the rival contentions. In this case Ld. Counsel
for the assessee has explained that the assessee was engaged in the
activity of sale and purchase of old vehicles and that the customers used
to deposit certain amounts with the assessee so that the assessee may
immediately book / purchase vehicles of their choice as and when the
same are found available for purchase. The above contention of the
assessee has not been totally rejected by the Revenue, that is why the
Assessing Officer apart from making the addition’s on peak cash credit
also estimated the unaccounted profits on the deposits found in the bank
ITA No. 1570-Chd-2018- Shri Gurpinder Singh Randhawa, Ludhiana 4 account of the assessee. If the Assessing Officer was of the view that
such deposits were out of unaccounted income of the assessee, there was
no reason with the Assessing Officer to estimate profits on such deposits
on the basis of the turnover. The Ld. CIT(A) has also given relief to the
assessee observing that the assessee himself has also declared certain
profits in respect of its activities of sale / purchase of vehicles. Under
the circumstances, it is apparent that the impugned additions have been
made by the lower authorities on estimation basis. However, there was
no reliable or un-rebutted evidences on the file to prove that the
assessee had actually furnished inaccurate particulars of income or
concealed particulars of his income. Though, the additions have been
made by the Assessing Officer and further confirmed by the Ld. CIT(A)
on the basis of estimation / preponderance of possibilities of
introducing some unaccounted income into the bank account of the
assessee, however, after appreciating the facts and circumstances of the
case, I do not find it a fit case for levy of penalty u/s 271 (1)(c) of the
Act and the same is accordingly ordered to be deleted.
In the result, the appeal of the assessee is treated as allowed.
Order dictated and pronounced in the Open Court immediately on
completion of hearing.
Sd/- (संजय गग� / SANJAY GARG) �या�यक सद�य/ Judicial Member Dated : 10. 06.2019 “आर.के.”
ITA No. 1570-Chd-2018- Shri Gurpinder Singh Randhawa, Ludhiana 5
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