PANKAJ CHIMANLAL LODHIYA,RAJKOT vs. THE ACIT, CENTRAL CIRCLE-2, RAJKOT, RAJKOT

ITA 76/RJT/2022Status: DisposedITAT Rajkot30 April 2025AY 2008-0927 pages
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What did the Tribunal hold?

The Tribunal held that the penalty notice was defective as it combined the charges of 'concealment of income' and 'furnishing inaccurate particulars of income' which are mutually exclusive. Therefore, the penalty proceedings were vitiated.

What were the facts?

The assessee's appeals pertain to penalties levied under sections 271(1)(c) and 271AAB(1)(c) of the Income Tax Act, 1961, for assessment years 2008-09 to 2012-13 and 2014-15. The penalties were confirmed by the CIT(A) on additions related to undisclosed foreign accounts, deemed rental income, and disallowance of commission.

What were the issues?

Whether a penalty notice under Section 271(1)(c) is valid if it combines the charges of concealment of income and furnishing inaccurate particulars of income. Whether penalty can be levied on estimated additions or additions made invoking deemed provisions.

Which sections of the Income-tax Act were involved?

Section 271(1)(c),Section 271AAB(1)(c),Section 139(1),Section 153A,Section 132,Section 143(3),Section 40(a)(ia),Section 69A

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Income Tax Appellate Tribunal, RAJKOT BENCH, RAJKOT

Before: DR. ARJUN LAL SAINI & SHRI DINESH MOHAN SINHA

For Respondent: Shri Sanjay Punglia, CIT-DR
Hearing: 05/03/2025Pronounced: 30/04/2025

Per Bench,

Captioned six appeals filed by the assessee, pertaining to the Assessment years (AYs) 2008-09 to 2012-13 and AY 2014-15, are directed against the separate orders passed by the Learned Commissioner of Income Tax (Appeals), ("ld.CIT(A)" for short) under section 250 of the

The order continues below.

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