NITIN PAL SINGH,JAIPUR vs. ACIT, JAIPUR

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ITA 214/JPR/2015Status: DisposedITAT Jaipur29 May 2017AY 2006-079 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that penalty under Section 271(1)(c) cannot be levied when the disallowance is based on an estimation due to peculiar facts and the assessee has provided explanations and supporting documents, even if not fully verifiable during assessment.

What were the facts?

The assessee claimed cost of improvement for agricultural land sold. The Assessing Officer disallowed a significant portion of this claim due to lack of evidence. The CIT(A) allowed a part of the cost of improvement after admitting additional evidence, but still made a disallowance.

What were the issues?

Whether penalty under Section 271(1)(c) is leviable when the disallowance of cost of improvement is based on estimation and not on concealment of income or furnishing of inaccurate particulars.

Which sections of the Income-tax Act were involved?

Section 271(1)(c),Section 54B,Section 139(1),Section 139(5)

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(2)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

Income Tax Appellate Tribunal, JAIPUR BENCHES, JAIPUR lqJh fnok flag] U;kf;d lnL; ,oa Jh foØe flag ;kno] ys[kk lnL; ds le{k

Before: SMT. DIVA SINGH, JM & SHRI VIKRAM SINGH YADAV, AM vk;dj vihy la-@ITA No.214/JP/15

For Respondent: Shri O.P. Bhateja (Addl.CIT) lquokbZ dh rkjh[k@Date of Hearing : 21/03/2017
Hearing: 21/03/2017Pronounced: 29/05/2017

Heard together (3 matters)

ITA No.214/JP/15
ITA No.212/JP/15
ITA No.211/JP/15

Read from the judgment's own cause title. This page is filed under one of them.

आदेश की प्रतिलिपि अग्रेषित@ब्वचल वf जीम वतकमत वितूंतकमक जवरू

vihykFkhZ@The Appellant- Shri Nitin Pal Singh, Shri Narendra Pal Singh 1. HUF and Shri Vipin Jeet Singh, B-23, Govind Marg, Adarsh Nagar, Jaipur. izR;FkhZ@ The Respondent- The ACIT, Circle-5, Jaipur 2. vk;dj vk;qDr@ CIT 3. vk;dj vk;qDr¼vihy½@The CIT(A) 4. विभागीय प्रतिनिधि] आयकर अपीलीय अधिकरण] जयपुर@क्त्ए प्ज्Aज्ए 5. xkMZ QkbZy@ Guard File (ITA No. 214, 212 & 211/JP/2015) 6.

vkns'kkuqlkj@ By order,

सहायक पंजीकार@ Aेेपेजंदज. त्महपेजतंत.

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