BHARAT EKNATH KANPILE,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 8, PUNE
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the penalty was not sustainable as the additions under Section 50C were made without clearly indicating the difference between the declared price and the stamp value, making the addition itself debatable.
What were the facts?
The Assessing Officer made additions to the assessee's long-term capital gains based on Section 50C of the Act. The Revenue initiated penalty proceedings under Section 271(1)(c) for alleged concealment of income.
What were the issues?
Whether penalty under Section 271(1)(c) is leviable when additions under Section 50C are made without proper substantiation and clarity.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A” BENCH, PUNE
Before: SHRI S.S.GODARA, JM & SHRI DR. DIPAK P. RIPOTE, AM
आदेश / ORDER PER S. S. GODARA, JM :
These assessee‟s twins appeals & 322/PUN/2018; for assessment years 2009-10 & 2011-12, arise against the CIT(A)-6, Pune‟s orders; both dated 31.10.2017 passed in case no.PN/CIT(A)-V/DCIT Cir- 8/365/2013-14 and PN/CIT(A)-V/DCIT Cir-8/364/2013-14 respectively, in proceedings u/s 271(1)(c) of the Income Tax Act, 1961; in short the Act. Heard both the parties. Case files perused.
It emerges at the outset that both these penalties in issue before us amounting to Rs.4,78,800/- and Rs.21,25,803/-; assessment year-wise, respectively hardly require us to examine the relevant facts at length. This is for the precise reason that the same pertain to assessee‟s „long term capital gains‟ computation made by the Assessing Officer after invoking section 50C of the Act to the tune of Rs.15,96,000/- and Rs.3,92,115/-; respectively. The Revenue‟s case all along has been that the said quantum unexplained long term capital gains‟ amounts to furnishing of inaccurate particulars/concealment of such particulars of capital gains which attracts section 271(1)(c) of the Act. Mr. Murkunde drew strong support from both the learned lower authorities‟ action imposing the impugned penalty(ies) to this effect.
We have given our thoughtful consideration to vehement rival contentions and find no merits in Revenue‟s arguments. This is for the precise reason that the learned lower authorities had made section 50C addition(s) (supra) in both these assessment years without even indicating as to what was the difference in assessee‟s‟ declared price vis-à-vis actual stamp value; giving rise to the consequential sum, as determined by the DVO after due reference made by the assessing authority under sub-section (2) thereof. It is thus an instance wherein the quantum addition itself becomes a debatable issue since not satisfying the foregoing three clinching factors. Faced with this situation, we hold that the impugned penalty(ies) under challenge forming subject-matter of both these appeals is not sustainable in law and are directed to be deleted. The assessee succeeds in his instant sole substantive grievance.
These assessee‟s‟ twin appeals are allowed in above terms. A copy of this common order be placed in the respective case files. Order pronounced in the Open Court on this 17th day of November, 2022.
More judgments on Section 50C
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- Sawalchand Chunilal Bafna HUF, Mumbai vs Income Tax Officer-16(1)(1), MumbaiITA 7492/MUM/2025[2011-12]Status: Disposed16 Oct 2026AY 2011-12
- Jagdishbhai Vasharambhai Italiya, Ahmedabad vs The ITO, Ward-3(1)(1), AhmedabadITA 150/AHD/2026[2015-16]Status: Disposed14 Oct 2026AY 2015-16
- Rohini Ramhari Bhadale, Pune vs Assessing Officer Ward 2(2) Pune, PuneITA 2767/PUN/2026[2015-2016]Status: Disposed14 Oct 2026AY 2015-2016
- Sweta Somani, Kolkata vs ITO, Ward 44(2), KolkataITA 1656/KOL/2026[2015-2016]Status: Disposed14 Oct 2026AY 2015-2016
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