BHANUSHANKAR KASALSHIBHAI DAVE,SURAT vs. ITO, WARD-3(2)(6), SURAT
Income Tax Appellate Tribunal, SURAT BENCH, BENCH
Before: SMT. ANNAPURNA GUPTA
The present appeal has been filed by the assessee against the order of the Ld. Commissioner of Income Tax (Appeals),
National Faceless Appeal Centre (hereinafter referred to as “NFAC”), Delhi (hereinafter referred to as “CIT(A)”) dated
14.11.2025 confirming the levy of penalty under Section 271(1)(c) of the Income Tax Act, 1961 (hereinafter referred to as ITA No.1331/SRT/2025 [Bhanushankar
Kasalshibhai Dave vs. ITO] A.Y. 2012-13 - 2 –
the “Act”) for concealing the particulars of income and relates to Assessment Year (A.Y.) 2012-13. 2. At the outset itself, Ld. Counsel for the assessee stated that penalty for concealment of income was levied on the assessee on account of addition made to the assessee’s income of cash deposited in his bank account during the impugned year amounting to Rs.29,31,364/- for the source of the same remaining unexplained. Ld. Counsel for the assessee contended that the ITAT vide its order dated 23.01.2026 in ITA No.927/SRT/2025
has deleted the impugned addition made in the hands of the assessee and that, therefore, there was no case for levy of any penalty on the assessee on account of concealment / furnishing inaccurate particulars of income. Copy of the order of the ITAT placed before us.
Ld. DR though fairly admitted that the ITAT had deleted the addition made in quantum proceedings in the hands of the assessee.
In view of the admitted fact that the addition made in the hands of the assessee during the assessment proceedings, on which count, penalty was levied on the assessee in terms of Section 271(1)(c) of the Act, stood deleted by the ITAT, there remains no case of concealment / furnishing of inaccurate particulars of income so as to attract any levy of penalty. The Penalty levied, therefore, in the present case amounting to ITA No.1331/SRT/2025 [Bhanushankar Kasalshibhai Dave vs. ITO] A.Y. 2012-13 - 3 –
Rs.8,39,438/- having no legs to stand upon is directed to be deleted.
In the result, the appeal of the assessee is allowed.
This Order pronounced on 19/03/2026 (ANNAPURNA GUPTA)
ACCOUNTANT MEMBER
Ahmedabad; Dated 19/03/2026
S. K. SINHAआदेश कȧ Ĥितिलǒप अĒेǒषत/Copy of the Order forwarded to :
1. अपीलाथȸ / The Appellant
2. Ĥ×यथȸ / The Respondent.
3. संबंिधत आयकर आयुƠ / Concerned CIT
4. आयकर आयुƠ(अपील) / The CIT(A)-
5. ǒवभागीय Ĥितिनिध, आयकर अपीलीय अिधकरण, अहमदाबाद / DR, ITAT, Ahmedabad
6. गाड[ फाईल / Guard file.
आदेशानुसार/ BY ORDER,
उप/सहायक पंजीकार (Dy./Asstt.