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

ITA 80/RJT/2022Status: DisposedITAT Rajkot30 April 2025AY 2012-1327 pages
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What did the Tribunal hold?

The Tribunal held that the penalty notice was defective as it combined charges of 'concealment of income' and 'furnishing inaccurate particulars of income', which are distinct. The Tribunal relied on judicial precedents stating these grounds are mutually exclusive.

What were the facts?

The assessee's appeals relate to penalties levied under sections 271(1)(c) and 271AAB(1)(c) of the Income Tax Act. The penalties were imposed following additions made to the assessee's income during assessment proceedings after a search and seizure action.

What were the issues?

Whether a penalty notice under Section 271(1)(c) is valid if it combines 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 139(1),Section 153A,Section 143(3),Section 69A,Section 40(a)(ia)

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Income Tax Appellate Tribunal, RAJKOT BENCH, RAJKOT

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

Pronounced: 05/03/2025

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

The order continues below.

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