MEGHANA PARESH JADHAV,PUNE vs. ITO, WARD 10(1), PUNE, PUNE
What did the Tribunal hold?
The Tribunal held that the quantum appeal concerning the addition for which the penalty was levied was still pending before the CIT(A). Therefore, the matter was remitted to the CIT(A) to decide the penalty based on the outcome of the quantum appeal.
What were the facts?
The assessee failed to file a regular return of income for AY 2017-18. The AO observed a cash deposit of Rs. 13,65,000/- and, after no compliance to a notice, treated it as unexplained money and levied penalty under Section 271AAC(1).
What were the issues?
Whether the penalty under Section 271AAC(1) can be decided independently of the quantum appeal. The appropriateness of levying penalty when the primary addition is under challenge.
Which sections of the Income-tax Act were involved?
Section 271AAC(1),Section 139(1),Section 142(1),Section 144,Section 69A,Section 115BBE
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, PUNE BENCH “SMC”, PUNE
Before: SHRI INTURI RAMA RAO
आदेश / ORDER
PER INTURI RAMA RAO, AM:
This is an appeal filed by the assessee directed against the order of the National Faceless Appeal Centre, Delhi [‘NFAC’] dated 29.01.2024 confirming the levy of penalty u/s.271AAC(1) of the Act.
Briefly, the facts of the case are as under:
The appellant is an individual and no regular return of income u/s.139(1) of the Act was filed for the A.Y.2017-18. The AO, on the basis of information gathered during the phase of online verification under Operation Clean Money, observed that the appellant made cash deposit of Rs.13,65,000/- in the Cosmos Cooperative Bank, Pimpri, Pune. There was no compliance from the appellant to the notice u/s.142(1) of the Act and the assessment was completed by the AO u/s.144 of the Act on 17.12.2019 treating the said cash deposit as unexplained money u/s.69A r.w.s.115BBE of the Act. Thereafter, the AO vide order dated 17.01.2022 levied penalty of Rs.78,930/- u/s.271AAC(1) of the Act.
Being aggrieved by the above penalty order, the appellant is in appeal before the Tribunal.
Heard both the sides and carefully examined the facts of the case. At the outset, it is informed at the Bar that the quantum appeal wherein the addition in respect of which the penalty u/s.271AAC(1) was levied is still pending for disposal before the CIT(A). In the peculiar circumstances of the case, I am of the considered opinion that the matter requires remission to the file of CIT(A) to decide the issue of levy of penalty u/s.271AAC(1) of the Act depending upon the outcome of the quantum appeal proceedings. I order accordingly. The grounds raised by the assessee stands partly allowed.
In the result, the appeal of the assessee is partly allowed. Order pronounced on this 24th day of April, 2024.
More judgments on Section 271AAC(1)
- Brajesh Kumar Suman, Munger vs ITO Ward 1(1), BhagalpurITA 433/PAT/2026[2018-19]Status: Disposed16 Oct 2026AY 2018-19
- Brajesh Kumar Suman, Munger vs ITO, BhagalpurITA 432/PAT/2026[2018-19]Status: Disposed16 Oct 2026AY 2018-19
- Vipulbhai Keharbhai Kukadiya, Bhavnagar vs The Income Tax Office, Ward 1(9) Bhavnagar…ITA 2465/AHD/2026[2020-21]Status: Disposed16 Oct 2026AY 2020-21
- Vipulbhai Keharbhai Kukadiya, Bhavnagar vs The Income Tax Office, Ward 1(9) Bhavnagar…ITA 2464/AHD/2026[2020-21]Status: Disposed16 Oct 2026AY 2020-21
- Rama Naidu Gutha, Anantapur vs ITO, Ward -1, AnantapurITA 1895/HYD/2026[2023-24]Status: Disposed16 Oct 2026AY 2023-24
Recent GST High Court judgments
Search GST case law →- M/S Rentex Polymers Private Limited vs. Assistant Commissioner Of Central Goods And Services TaxDelhi · 29 Oct 2026
- M/S Maa Shila Traders vs. The State Of BiharPatna · 29 Oct 2026
- M/S Ashish Enterprises vs. Assistant Commissioner Gsto Ward No. 86Delhi · 29 Oct 2026
- M/S. Bhanwal Trading And Company vs. The Union Of INDIARajasthan · 28 Oct 2026
- M/S. Saraswati Enterprises vs. State Of RajasthanRajasthan · 28 Oct 2026