PANKAJKUMAR CHIMANLAL LODHIYA,RAJKOT vs. THE ACTIT, CENTRAL CIRCLE-2, RAJKOT, RAJKOT

ITA 77/RJT/2022Status: DisposedITAT Rajkot30 April 2025AY 2009-1027 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 distinct. The Tribunal found that the Assessing Officer had erroneously merged these two limbs into a single charge, rendering the penalty proceedings bad in law.

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 imposed due to alleged concealment of income and furnishing of inaccurate particulars related to undisclosed foreign bank accounts, deemed rental income, and disallowance of commission payments.

What were the issues?

Whether a penalty notice under Section 271(1)(c) is vitiated 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 under deemed provisions.

Which sections of the Income-tax Act were involved?

Section 271(1)(c),Section 271AAB(1)(c),Section 153A,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

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 Income Tax Act, 1961 (“the Act" for short), which in turn arise out of separate penalty orders, passed by the Assessing Officer u/s 271(1)(c) and 271AAB(1)(c) of the Act. ITA No.76 to 81/RJT/2022 (AY 8-09 to 12-13 & 14-

The order continues below.

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