RISHU NANDWANI,GHAZIABAD vs. ITO WARD 5(3)(2), GAUTAM BUDH NAGAR

This is a batch of two appeals of the same assessee. Both these appeals are being disposed of through a single order for the sake of convenience. These appeals are respectively pertaining to the quantum addition and the penalty u/s 271(1)(c) of the Act.

Right at the outset, the Ld. AR mentioned that both the orders were ex parte before either of the authorities below for the reason that the assessee was not conversant with taxation matters and was solely dependent on his tax consultant, who does not appear to have kept the assessee informed about the pending proceedings. It was prayed that the lack of knowledge of taxation matters of the assessee should not lead to the assessee being unjustly penalized.

We have carefully considered the rival submissions and have gone through the records before us. It needs to be mentioned that in this case there can be no valid excuse for non-compliance before any of the authorities below on the ground of ignorance of tax laws. Also considerable resources of the I.T. Department would be expended in dealing with these matters and hence we impose a cost of Rs.5,000/- on the assessee payable to the Allahabad High Court Legal Services Committee (Legal Aid Cell), by 31.01.2026. Furthermore, in the interest of substantive justice, we set aside the impugned orders and remand the quantum back to the file of the Ld. AO for fresh assessment.