SURESH NAG YADAV,RANCHI vs. ACIT, CENTRAL CIRCLE-1, RANCHI

Brief Facts of the case are that the assessee filed its return of income under section 139(1) of the Income-tax Act, 1961 declaring a total income of Rs.37,56,390. A search and seizure operation under section 132 of the Act was conducted on 29.11.2018 at the business and residential premises of the assessee. In consequence thereof, a notice under section 153A of the Act was issued. In response, the assessee filed its return of income on 21.05.2020 declaring total income of Rs.38,56,390/-, including additional income of Rs.1,00,000 disclosed to 12/Ran/2024 Suresh Nag Yadav during the search. The assessment was completed under section 153A of the Act, determining the total income at Rs.38,56,390. Penalty proceedings were initiated, and the Assessing Officer levied penalty of Rs.30,900 under section 271(1)(c) of the Act for concealment of income.

The assessee challenged the imposition of penalty before the Ld. CIT(A), who confirmed the order of the Assessing Officer. The assessee submitted that relevant contentions were filed through the departmental portal, but the ld. CIT(A) passed the order without appreciating or dealing with the submissions made by the assessee.

Aggrieved by the order of the Ld. CIT (A) assessee is in appeal before this tribunal. At the time of the hearing the ld. AR reiterated that the order of the CIT(A) is not sustainable in law as the submissions made by the assessee, which were duly filed through the e-filing portal, were neither examined nor addressed in the appellate order. The ld. DR, on the other hand, supported the findings of the lower authorities.