M/S. SURJA RAM & SONS,MALOUT vs. THE DEPUTY COMMISSIONER OF INCOME TAX, BATHINDA
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 deleted the penalty because the addition related to one partner's credit was already deleted by the CIT(A) and had attained finality. The remaining difference was considered a minor clerical mistake.
What were the facts?
The assessee firm had credits in partner accounts, and evidence for one partner was provided, but not for another. An addition was made to the firm's income, and a penalty was levied.
What were the issues?
Whether penalty under Section 271(1)(c) is sustainable when the primary addition has been deleted, and if a minor clerical difference warrants penalty.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, AMRITSAR BENCH, AMRITSAR
Before: SH. SANJAY ARORA & SH. N.K.CHOUDHRY
IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR BEFORE SH. SANJAY ARORA, ACCOUNTANT MEMBER AND SH. N.K.CHOUDHRY, JUDICIAL MEMBER ITA No.598(Asr)/2013 Assessment Year:2006-07
M/s Surja Ram & Sons Vs. Dy. CIT,Circle-II, Kairaon Road, Malout Bathinda PAN:AACFS7229M
(Appellant) (Respondent) Appellant by: Sh. P.N.Arora (Ld.Adv.) Respondent by: Sh. Charan Dass (Ld. DR) Date of hearing: 08.03.2018 Date of pronouncement: 16.03.2018
ORDER PER N.K.CHOUDHRY, JM: The instant appeal has been preferred by the Assessee/Appellant, on feeling aggrieved against the order dated 24.07.2013 passed by the Ld. CIT(A), Bathinda, u/s 250(6) of the I.T. Act, 1961 (hereinafter called as ‘the Act’).
The assessee has raised the following grounds of appeal. 1. The Ld. CIT(A) erred on fact and law in upholding the penalty amounting to Rs.3,14,270/- imposed u/s 271(1)(c) of the Income Tax Act,1961.
ITA No.598/Asr/2013 (A.Y.2006-07) 2 M/s Surja Ram Sons, Malout vs. DCIT
The Ld. CIT(A) erred on facts on law in upholding the penalty amounting to Rs.3,14,270/- imposed u/s 271(1)(c) of the Income Tax Act, 1961. In spite of the fact that it was explained before the Ld. AO and the Ld. CIT(A) during the course of assessment as well as penalty proceedings that the credit of Rs.9,30,833/- belonged to Sh. Parhlad Kumar, partner and it is settled law that no addition u/s 68 can be made in the hands of partnership firm where the credit belongs to the partner. Thus the penalty order u/s 271(1) (c) deserves to the quashed.
The brief facts of the case are that during the course of assessment proceeding, it was noticed that the assessee had accepted credits in the accounts of the partners viz. Sh. Parhlad Kumar to the tune of Rs.9,30,833/- and Sh. Amar Kumar to the tune of Rs.33,98,377/- on which the assessee was asked to produce the evidence of credits with source thereof so as to establish the genuineness of the loans. However, the assessee could furnish evidence in respect of credit of Sh. Amar Kumar only but no evidence in the form of confirmation or the source of credits in respect of Sh. Parhlad Kumar was produced, despite availing various opportunities, later on one of the partners of the assessee stated that Sh. Parhlad Kumar is not in good terms of other partners i.e., Sh. Amar Kumar, therefore, it is not possible to provide his records at that stage. Although, the notice U/s 131 of the I.T. Act was issued on 20.11.2007 to Sh. Parhlad Kumar but not yielded any result, thereafter, the addition to the tune of Rs.9,30,833/- as well as Rs.2,814/- and disallowance to the tune of Rs.97,792/- have been added in the income of the assessee and penalty proceeding have also been
ITA No.598/Asr/2013 (A.Y.2006-07) 3 M/s Surja Ram Sons, Malout vs. DCIT
initiated which resulted into levy of penalty to the tune of Rs.3,14,270/-.
On felling aggrieved against the order passed by the Assessing Officer, the assessee preferred the first appeal before the Ld. CIT(A), who upheld the penalty imposed by the Assessing Officer on the ground of furnishing inaccurate particulars of income with the reason that no evidence regarding the genuineness of the credits of Rs.9,30,833/- in the capital account of Sh. Parhlad Kumar partner has been furnished even before him and similarly the difference in the receipts to the tune of Rs.2,814/- also could not be reconciled. The assessee firm preferred the instant appeal.
At the outset, our attention was drawn by the Ld. AR that addition of Rs.9,30,833/- made by invoking provisions of Sec.69 has already been deleted by the Ld. CIT(A) vide its order dated 27th April, 2017 which has attended finality as the Department has not preferred any appeal against the said order, therefore, the penalty could not survive. Further, as per the addition of Rs.2,814/- is concerned, this difference is on account of receipts shown by the assessee viz-a-viz as per TDS certificate, therefore, there was only clerical, genuine and honest mistake on which no penalty should have been levied as the difference was very small.
ITA No.598/Asr/2013 (A.Y.2006-07) 4 M/s Surja Ram Sons, Malout vs. DCIT
On the other hand, the Ld. DR has not submitted contrary to the claim of the assessee.
We have gone through with the facts and circumstances of the case and also order dated 27.04.2017 passed by the Ld. CIT(A), Bathinda by which the addition to the tune of Rs.9,30,833/- is directed to be deleted, and which has since attained finality. Hence, considering the said order as well as submissions of the Ld. AR for addition of Rs.2,814/- the difference on account of receipts shown by the assessee as par TDS certificate occurred due to clerical and inadvertent mistake and even otherwise the difference is very small, hence, the penalty levied by the Assessing Officer to the tune of Rs.3,14,270/- and confirmed by the Ld. CIT(A) stand deleted.
In the result, the appeal filed by the assessee is allowed. Order pronounced in the open Court on 16 .03.2018.
Sd/- Sd/- (SANJAY ARORA) (N.K.CHOUDHRY) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated:16.03.2018 /PK/ Ps. Copy of the order forwarded to: (1) M/s Surja Ram & Sons, Kairaon Road, Malout (2) The DCIT, Circle-II, Bathinda (3) The CIT(A), Bathinda (4) The CIT concerned (5) The SR DR, I.T.A.T., Amritsar True copy By order
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