SHUBHA SHASHI KANCHAN,MUMBAI vs. ACIT 20(3), MUMBAI
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 held that since the assessee did not claim TDS on the omitted income and admitted the omission, there was no malafide intention to defraud the revenue. Therefore, the penalty was not warranted.
What were the facts?
The assessee inadvertently omitted to include rent income from a house property in their return of income for AY 2010-11. The Assessing Officer made an addition for this income and initiated penalty proceedings. The CIT(A) dismissed the assessee's appeal against the penalty.
What were the issues?
Whether penalty under Section 271(1)(c) is leviable when income is omitted inadvertently and not claimed for TDS, indicating no malafide intention.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “H”
Before: SHRI R. C. SHARMA, AM & SHRI SANDEEP GOSAIN, JM
O R D E R
Per Sandeep Gosain, Judicial Member:
The present Appeal filed by the assesseeis against the order of Commissioner of Income Tax (Appeals)-37, Mumbai, dated 15.01.16 for AY 2010-11.
As per the facts of the present case, the assessee is an individual having house property, long term capital gain and income from other sources. The return of income for the year under consideration was filed on 04.08.10 declaring total income at Rs. 25,16,400/-. Subsequently, the case was selected for scrutiny and after serving statutory notice and seeking reply, order of assessment u/s 143(3) was passed by AO thereby making addition of Rs. 7,17,500 towards income from house.Further, the AO separately initiated penalty proceedings in respect of the aforementioned additions for furnishing inaccurate particulars and also for concealment of income. After completion of the same, the AO passed order of penalty thereby levying penalty u/s 271(1) (c) of the I.T. Act. Aggrieved by the order of AO, assessee preferred appeal before Ld. CIT(A) and Ld. CIT(A) after considering the case of both the parties dismissed the appeal of the assessee. Now before us, the assessee has preferred the appeal by raising the above grounds.
Shubha Shashi kanchan 3. The solitary ground raised by the assesseerelates to challenging the order of Ld. CIT(A) in not justifying the action of AO in levying Rs. 2,21,708/- as penalty u/s 271(1)(c) of I.T. Act..
At the very outset, Ld. AR submitted before us that the assessee received rent from the let out house property amounting to Rs. 7,17,500/- (less TDS Rs. 121,979) in FY 2009-10 and the assessee had inadvertently not included this amount in the return of income for AY 2010-11 with a genuine and bonafide belief that this income did not pertain to FY 2009-10 and therefore TDS of Rs. 121,979/- was also not claimed in the return of income. However, during the course of assessment proceedings, it was realized that the said amount of income was inadvertently not offered to tax in the earlier years but the assessee willingly agreed to the inadvertent omission and duly accepted the additions to the income of the current year i.e. financial year 2009 – 10. It was further submitted by Ld. AR that all the above facts were placed before the AO and there was no malafide intention on the part of assessee and it was only an inadvertent Shubha Shashi kanchan omission on the part of assessee therefore the levy of penalty was not warranted under the facts of the present case.
On the other hand, Ld. DR relied upon the orders passed by revenue authories.
We have heard the counsels for both the parties and after having gone through the facts of the case, material placed on record as well as the orders passed by the revenue authorities, we noticed that Ld. CIT(A) although has discussed in detail the judgements cited by both the parties, but has not discussed the facts of the case in a detailed manner. The Ld. CIT(A) has concluded its finding in para number 5.9 of its order by holding that assessee failed to substantiate and prove that the there was any bonafide mistake on the part of the assessee. From the facts of the present case, we gathered that the assessee has not claimed the benefit of TDS deducted at Rs. 7,17,500/-. It is an admitted fact that the additions of Rs. 7,17,500/- pertains to the earlier years and this amount of rent in respect of let-out house property do not pertains to financial year 2009-10. Had it been the Shubha Shashi kanchan intention of the assessee to defraud the revenue, then in that eventuality, the assessee might have claimed the benefit of TDS deduction. Therefore, we are of the considered view that since the assessee has not claimed TDS on the said amount, therefore it can safely be presumed that there was no malafide intention on the part of assessee to submit inaccurate particulars or information for defrauding the revenue. Hence, considering the facts and circumstances of the present case as discussed above, we allow this ground of appeal and delete the penalty.
7. In the net result, the appeal filed by the assessee stands allowed. Order pronounced in the open court on 9th May, 2018. Sd/- Sd/- (R.C. Sharma) (Sandeep Gosain) लेखासदस्य / Accountant Memberन्याययकसदस्य / Judicial Member मुंबई Mumbai;यदनांकDated : 09.05.2018 Sr.PS. Dhananjay Shubha Shashi kanchan आदेशकीप्रनिनिनिअग्रेनर्ि/Copy of the Order forwarded to : 1. अपीलाथी/ The Appellant 2. प्रत्यथी/ The Respondent 3. आयकरआयुक्त(अपील) / The CIT(A) आयकरआयुक्त/ CIT- concerned 4. 5. यवभागीयप्रयतयनयध, आयकरअपीलीयअयधकरण, मुंबई/ DR, ITAT, Mumbai 6. गार्डफाईल / Guard File आदेशधिुसधर/ BY ORDER,
More judgments on Section 271(1)(c)
- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
- Shalin Jayantbhai Desai, Vadodara vs ACIT, Circle-4(2), Vadodara Present…ITA 2569/AHD/2026[2010-11]Status: Disposed19 Oct 2026AY 2010-11
- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2370/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2369/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
Recent GST High Court judgments
Search GST case law →- M/S Redamancy World Through Its Proprietor Sanjay Kumar Goel vs. Central Board Of Indirect Taxes And Customs & Ors.Delhi · 27 Oct 2026
- M/S Arj Exim INDIA vs. Additional Commissioner Of CGST, Appeals-Ii, New Delhi And OrsDelhi · 27 Oct 2026
- The State Of Bihar Through The Commissioner Of State Tax vs. Kaushlendra KumarPatna · 27 Oct 2026
- Ayush Sureshchandra Shah vs. State Of GujaratGujarat · 27 Oct 2026
- Sureshchandra Moolchand Shah vs. State Of GujaratGujarat · 27 Oct 2026