SH. SWARAN SINGH,CHANDIGARH vs. DCIT, CC-1, CHANDIGARH

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ITA 181/CHANDI/2018Status: DisposedITAT Chandigarh19 June 2018AY 2013-144 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that Section 271AAA is attracted only in cases of income surrender during a search. Since no income was surrendered and the additions were made during assessment proceedings, the penalty under Section 271AAA was not justified. The Tribunal also considered the sustained cash addition to be a meagre amount for day-to-day expenses, not indicative of concealment.

What were the facts?

During a search, additions were made for jewellery and cash found. The assessee argued that no income was surrendered during the search, making Section 271AAA inapplicable. The CIT(Appeals) deleted the jewellery addition, leaving only the cash addition sustained.

What were the issues?

Whether penalty under Section 271AAA can be levied when no income was surrendered during a search. Whether a meagre cash amount found at the premises, in light of declared income, constitutes concealment for penalty purposes.

Which sections of the Income-tax Act were involved?

Section 271AAA,Section 132,Section 143(3),Section 153A,Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DIVISION BENCH ‘B’, CHANDIGARH

Before: SHRI SANJAY GARG & MS.ANNAPURNA GUPTA

For Appellant: Shri Nikhil Goyal, CA
For Respondent: Shri Surinder Meena, Sr.DR
Hearing: 31.05.2018Pronounced: 19.06.2018

IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH ‘B’, CHANDIGARH BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER AND MS.ANNAPURNA GUPTA, ACCOUNTANT MEMBER ITA No.181/Chd/2018 (Assessment Year : 2013-14) Sh.Swaran Singh, Vs. The D.C.I.T., H.No.2449-50, Central Circle-1, Near Aroma, Sector 22, Chandigarh. Chandigarh. PAN: ACGPS6676J (Appellant) (Respondent)

Appellant by : Shri Nikhil Goyal, CA Respondent by : Shri Surinder Meena, Sr.DR Date of hearing :31.05.2018 Date of Pronouncement :19.06.2018

ORDER Per Sanjay Garg, Judicial Member :

The present appeal has been preferred by the assessee

against the order of Ld. Commissioner of Income Tax

(Appeals)-3, Gurgaon (hereinafter referred to as (‘Ld.CIT

(Appeals)’ dated 4.12.2017, passed u/s 271AAA of the

Income Tax Act, 1961 (in short ‘the Act’) in Appeal

No.291/CIT(A)(C)/GGN/2015-16 relating to assessment year

2013-14.

2.

The assessee in this appeal has agitated the

confirmation of the penalty levied by the Assessing Officer

u/s 271AAA of the Act. At the outset, the Ld. counsel for

assessee inviting our attention to the quantum assessment

order as well as the penalty order passed u/s 271AAA of the

Act, has submitted that in this case the assessee has not

surrendered any undisclosed income during the search

2 ITA No.181/Chd/2018 AY: 2013-14

action carried out at the premises of the assessee u/s 132

(1) of the Act. Therefore, the penalty could not have been

levied u/s 271AAA of the Act. The assessee stated that the

addition of Rs.10,19,484/- was made in to the income on

two counts, firstly, in respect of jewellery found at the

residential premises and bank lockers amounting to

Rs.9,52,214/- and secondly, relating to cash found at the

residential premises amounting to Rs.67,270/-He has

further submitted that even the quantum additions in

respect of jewellery found amounting to Rs.9,52,214/- have

been deleted by the CIT(Appeals) vide his order dated

5.1.2018. The only addition sustained in this case is

relating to cash found amounting to Rs.67,270/- only.

3.

The Ld. DR, on the other hand, has relied upon the order

of the lower authorities.

4.

We find force in the contentions of the Ld. counsel for

assessee. In this case, the assessee has not surrendered any

amount during search action. The provisions of section

271AAA of the Act are attracted only in case of surrender of

income during search operation. The addition in this case was

made during the assessment proceedings carried out u/s

143(3) r.w.s. 153A of the Act and in view of this, penalty, if

any, was attracted that could have been levied u/s 271(1)(c) of

the Act and not u/s 271AAA of the Act. Even the major portion

of the addition relating to jewellery stood deleted. So far as

addition relating to cash of Rs.67,270/- was concerned,

though the assessee could not furnish the exact evidence

3 ITA No.181/Chd/2018 AY: 2013-14

relating to the source of the said amount, therefore, the

disallowance was made in this respect, however, so far as

penalty proceedings are concerned, we are of the view that the

explanation of the assessee that the assessee was an income

tax payee for the last so many years and that during the year

under consideration, the assessee had declared an income

more than Rs.53 lacs, and under the circumstances, the

meagre cash amount of Rs.67,270/- found at the premises of

the assessee can be considered to be reasonably possessed by

the assessee for day to day expenses out of the declared

income of the assessee. This does not seem to be a case of

concealment of income or furnishing inaccurate particulars of

income. In view of this, we do not find any justification on the

part of the lower authorities in levying the impugned penalty.

The penalty so levied by the lower authorities is hereby

deleted.

5.

In the result, the appeal of the assessee stands allowed.

Order pronounced in the open court on 19.06.2018

Sd/- Sd/- (ANNAPURNA GUPTA) (SANJAY GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated : 19th June, 2018 *Rati* Copy to: 1. The Appellant 2. The Respondent 3. The CIT(A) 4. The CIT 5. The DR Assistant Registrar, ITAT, Chandigarh

4 ITA No.181/Chd/2018 AY: 2013-14

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