ASHOK KUMAR ARORA,NEW DELHI vs. ACIT, NEW DELHI

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ITA 841/DEL/2014Status: DisposedITAT Delhi23 September 2015AY 2008-092 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the assessee's explanation, though reproduced, was not considered independently in the penalty proceedings. Therefore, the order of the CIT(A) was set aside.

What were the facts?

The assessee filed an original return of income, but after a search under Section 132, a notice under Section 153A was issued. The assessee then declared a higher income, which was accepted, leading to a penalty under Section 271(1)(c). The CIT(A) upheld this penalty.

What were the issues?

Whether the penalty under Section 271(1)(c) was rightly imposed and upheld when the assessee's explanation was not independently considered by the authorities. The proper consideration of the assessee's explanation in penalty proceedings.

Which sections of the Income-tax Act were involved?

Section 132,Section 153A,Section 271(1)(c),Section 250(6)

AI-generated summary — verify with the full judgment below

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Income Tax Appellate Tribunal, DELHI BENCH: ‘SMC-I’ NEW DELHI

Before: SMT DIVA SINGH

Hearing: 09.09.2015Pronounced: 23.09.2015

Date of Hearing 09.09.2015 Date of Pronouncement 23.09.2015 ORDER By the present appeal the assessee assails the correctness of the order dated 10.10.2013 of CIT(A)-XXXIII, New Delhi pertaining to 2008-09 assessment year wherein the penalty of Rs. 1,36,066/- imposed by the AO has been upheld by the CIT(A).

2.

Various grounds have been raised by the assessee in the present appeal. However, reference thereto is being abstained from in view of the peculiar facts and circumstances of the case which are being referred to herein after. A perusal of the record shows that in the original return of income filed by the assessee on 26.07.2008 income of Rs.9,93,800/- was declared. The assessee alongwith Dawat Group of cases was subjected to search on 10.02.2009 u/s 132 of the Income Tax Act, 1961. Accordingly notice u/s 153A was issued on 07.10.2009 requiring the assessee to file its return of income for the year under consideration as it was one of the 6 assessment years preceding the assessment year relevant to the previous year in which the search was conducted. Pursuant to the notice u/s 153A and 142(1) alongwith questionnaire etc. the assessee declared an income of Rs.13,94,120/- which was accepted. As a result of this, penalty u/s I.T.A .No.-841/Del/2014

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