SMT. NILESH PATWARI,INDORE vs. CIT(A)- 3, INDORE

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ITA 1002/IND/2019Status: DisposedITAT Indore22 November 2022AY 2009-104 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that there was no allegation of concealment of income or furnishing inaccurate particulars in the penalty orders. Since the appeals against the assessment orders were still pending, the Tribunal found no merit in confirming the penalty.

What were the facts?

The assessees did not appear before the AO, leading to ex-parte assessments under Section 144 r.w.s. 147. Penalty proceedings under Section 271(1)(c) were initiated, and the AO imposed penalties treating cash deposits as unexplained investments. The CIT(A) confirmed these penalties.

What were the issues?

Whether penalty under Section 271(1)(c) can be confirmed when there is no specific finding of concealment or furnishing inaccurate particulars, and the underlying assessment order is under challenge.

Which sections of the Income-tax Act were involved?

Section 271(1)(c),Section 144,Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, INDORE BENCH, INDORE

Before: &SHRI BHAGIRATH MAL BIYANI

Heard together (2 matters)

I.T.A. No. 1002/Ind/2019
I.T.A. No. 29/Ind/2020

Read from the judgment's own cause title. This page is filed under one of them.

The instant appeals filed by two differentassesseesare directed against the ordersboth dated 15.11.2019 passed by the Learned Commissioner of Income Tax(Appeals)-III, Indore arising out of order both dated 09.09.2014 passed by the Income Tax Officer-3(2), Indore u/s 271(1)(c) of the Act for A.Y.–2009-10 challenging the confirmation of penalty imposed u/s 271(1)(c) of the Act. Since, in both the appeals, the same issue of confirmation of penalty under Section 271(1)(c) of the Act is involved, we are deciding both the appeals simultaneously being identical in nature.

2.

Though the assessees have not appeared before us, written notes as submission has been duly filed. On the other hand, the ld. Sr. DR relied upon the orders passed by the authorities below.

3.

The penalty under Section 271(1)(c) of the Act to the tune of Rs.2,70,000/- in both casesare under challenge before us. It is an admitted fact that the assessees had not made any compliance before the Ld.AO and assessments under Section 144 r.w.s. 147 of the Act were framed and penalty under Section 271(1)(c) of the Act was initiated. Even during course of penalty proceedings, the assessees did not appear and no written submission was filed by the assessees for rejection of penalty proceedings. Therefore, the penalty under Section 271(1)(c) of the Act was imposed on both the assessees treating the cash deposit of Rs.11,09,000/- as unexplained investment. Hence, there is no such mention of concealment of particulars of income or furnishing inaccurate particulars of income. We find that the same was confirmed by the Ld. CIT(A). It further appears that the assessees 29/Ind/2020 (Nilesh& Prakash Patwari)3 havefiled appeals against said orders made under Section 144/147 of the Act before the Ld. CIT(A) which are still pending. Therefore, taking into consideration, the entire aspect of the matters, we do not find any reason to confirm the penalty imposed under Section 271(1)(c) of the Act, particularly, when there is no allegation of concealment of particulars of income or furnishing inaccurate particulars of income by both the assessees in the said penalty orders. We, thus, find no merit in the impugned orders and, thus, quashed. Accordingly, the appeals filed by both the assessee stand allowed.

4.

In the result, appeals filed by both the assessees are allowed.

This Order pronounced on 22/11/2022

Sd/- Sd/- (BHAGIRATH MAL BIYANI) (MADHUMITA ROY) ACCOUNTANT MEMBER JUDICIAL MEMBER Indore: Dated 22 /11/2022 S.K.SINHA आदेश क� ��त�ल�प अ�े�षत / Copy of Order Forwarded to:- 1. राज�व / Revenue 2. आवेदक / Assessee 3. संबं%धत आयकर आयु(त / Concerned CIT 4.आयकर आयु(त- अपील / CIT (A) 5. ,वभागीय �/त/न%ध,आयकर अपील�य अ%धकरण, Indore / DR, ITAT, Indore 6. गाड4 फाइल / Guard file.

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