SH. ARUN KUMAR BANSAL,DELHI vs. ITO, NEW DELHI
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 noted that the original assessment order, which formed the basis for the penalty, had been set aside by a previous order of the Tribunal. Consequently, the penalty has no foundation and is deleted.
What were the facts?
The appeal concerns a penalty levied under Section 271(1)(c) for an addition made under Section 69A due to unexplained cash deposits. The Assessing Officer made an addition of Rs. 20,97,900/- on this basis.
What were the issues?
The primary issue was whether a penalty under Section 271(1)(c) could sustain when the underlying addition under Section 69A was set aside by the Tribunal. The Tribunal's previous order had directed a fresh assessment due to procedural irregularities.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH “A”, NEW DELHI
Before: SHRI S.V. MEHROTRA & SHRI SUDHANSHU SRIVASTAVA
This appeal has been filed by the assessee against the levy of penalty u/s 271(1)(c) of the Act in respect of addition made u/s 69A of Rs.20,97,900/- on account of alleged unexplained and un-proof cash deposits in the bank account of the assessee.
The assessee has filed written submissions, wherein, he has attached Tribunal’s order vide relating to assessment year 2008-09, order dated 09.05.2014, wherein, the Tribunal has observed as under :-
“In the entirety of facts and circumstances, we are of the view that the facts involved in the subject matter have not been streamlined in a proper manner and the adverse inferences have been summarily drawn. If the assessee is owner of above pieces of land holding GPA, it gives a fair assumption that the land could be sold. Similarly, if there is no subsequent deposit in assessee's bank account which may give indication that the sale price have been fetched by the assessee, then the issues are to be decided on the basis of preponderance of probabilities. In that eventuality such preponderance has to be reasonably worked out. Besides, copy of AIR information needs to be given to the assessee and the summons having not come back unserved or marked as no such person, implies that persons are available. In this eventuality relying on Hon'ble Supreme Court judgment in Orissa Corporation (supra), the AO has to bring the summons proceedings to a logical conclusion. Merely because summoned person did not respond, cannot be held against assessee. In these facts and circumstances, ends of justice will meet if the issue in question is set aside, restored back to the file of assessing officer to decide the same afresh, in the light of our observations, in accordance with law, after giving the assessee an opportunity of being heard. We order accordingly.”
Since the assessment has been set-aside, therefore, the penalty has no legs to stand and is, therefore, deleted. However, the Assessing Officer would be entitled to take necessary action in accordance with law after giving effect to the Tribunal’s order.
In the result, the appeal of the assessee is allowed. Order pronounced in the open court on this 28th day of February, 2017.
More judgments on Section 271(1)(c)
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- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2369/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
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