CIT v. Lallubhai Jogibhai Patel

139 ITR 1028High Court#5368 most cited

What is CIT v. Lallubhai Jogibhai Patel authority for?

Penalty under Section 271(1)(c) cannot be imposed in respect of additions made on an estimated basis. Such additions do not constitute concealment of income or furnishing of inaccurate particulars.

22

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2019 to 2026.

Also referred to as

CIT vs Lallubhai Jogibhai Patel · Section 271(1)(c) · penalty · estimated addition · concealment of income · inaccurate particulars

Issues it is cited on

Judgments citing CIT v. Lallubhai Jogibhai Patel

Shri Anil Kothari (HUF), Surat vs. The Dy.CIT, Circle- 6, Surat

In the result, the appeal of the assessee stands allowed

ITA 2645/AHD/2013[2007-08]Status: DisposedITAT Surat04 Oct 2019AY 2007-08

Bench: Shri Amrjit Singh & Shri O.P.Meenaआ.अ.सं".I.T.A No.2048/Ahd/2010 & 2645/Ahd/2013 "नधा"रण वष"Assessment Year:2007-08 1. Deputy Commissioner Of बनाम 1. Sri Anil J Kothari Proprietor Of Income-Tax, Circle -6, Surat. M/S. Arpit Exports, G-01, Vs. Vithrag Chambers, 7/1407 Thoba Sheri, Surat. 2. Sri Anil J Kothari Proprietor Of 2. Deputy Commissioner Of M/S. Arpit Exports, G-01, Income-Tax, Circle -6, Surat. Vithrag Chambers, 7/1407 Thoba Sheri, Surat. "था. ले. सं./Pan No.: Aacha 4940 H अपीलाथ" Appellant ""यथ"/Respondent "नधा"रती क" ओर से /Assessee By Shri Prakash Jhunjhunwala, C.A. राज"व क" ओर से /Revenue By Shri Mayank Pandey, Sr. D.R.

For Respondent: 2. Ground No.1 as amended by the Revenue states that Ld. CIT (A) has erred in de
Section 133(6)Section 271(1)(c)

…n of Rs.2.70 crores made by the AO was reduced to Rs.70,403/-by applying the net profit ratio of 0.25% of unverifiable purchases. The penalty cannot be levied on estimated addition as decided in many judicial pronouncements like CIT v. Lalubhai Jogibhai Patel 261 ITR 216 (Guj), Hari Gopal Singh v. CIT 258 ITR 85 (P&H) , CIT v. Valmikibhai H Patel 280 ITR 487 (Guj). 19. Per contra, Ld. D.R. supported the order of CIT (A). 20. We have heard the rival submissions and perused the relevant material on record. Looking to the facts and circumstances of the case, we find that the AO has made addition on account of unve…