NIMMAGADDA GOPICHAND,VIJAYAWADA vs. DCIT, CIRCLE-1(1), VIJAYAWADA

ITA 743/VIZ/2025Status: DisposedITAT Visakhapatnam18 February 2026AY 2017-18Bench: SHRI RAVISH SOOD, HON’BLE (Judicial Member), SHRI OMKARESHWAR CHIDARA, HON’BLE ACCOUNTANT MEMBER आयकर अपीलसं./I.T.A.No.743/VIZ/2025 (निर्धारण वर्ा/ Assessment Year:2017-18) Nimmagadda Gopichand D.No.59-3-2, Lord Court Apartments 2nd Lane, Ashok Nagar Vijaywawada-520010 Andhra Pradesh [PAN: AATPN3851F] Vs. DCIT – CIRCLE-1(1) C.R. Building, 1st Floor Annex M.G.Road, Vijayawada-520002 Andhra Pradesh करदाता का प्रतततितित्व/ Assessee Represented by : Shri M.V. Prasad, CA राजस्व का प्रतततितित्व/ 10 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal held that since the tax liability on the addition was reduced to 30%, the consequential penalty under section 271AAC(1) should also be restricted to 10% of the revised tax liability. The matter was set aside to the AO for recalculation.

What were the facts?

The assessee had an addition of Rs. 38,00,000/- under section 69A. Initially, the tax on this addition was considered at 60%, but later the ITAT directed it to be taxed at 30%. The assessee was penalized under section 271AAC(1) based on the initial tax liability.

What were the issues?

Whether the penalty under section 271AAC(1) should be based on the initial tax liability or the revised tax liability after a subsequent ITAT order. The applicability of Section 115BBE to the assessment year was also a related issue.

Which sections of the Income-tax Act were involved?

Section 69A,Section 271AAC(1),Section 115BBE

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VISAKHAPATNAM “DIVISION” BENCH, VISAKHAPATNAM

Before: SHRI RAVISH SOOD, HON’BLE & SHRI OMKARESHWAR CHIDARA, HON’BLE

For Appellant: Shri M.V. Prasad, CA
For Respondent: Shri D. Hema Bhupal, Sr.DR
Pronounced: 18.02.2026

PER RAVISH SOOD, JM:

The present appeal filed by the assessee is directed against the order passed by the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, dated 02.09.2025, which in turn arises from the order passed by the I.T.A.No.743/VIZ/2025 Nimmagadda Gopich

The order continues below.

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