Dharmenbhai Mahendrabhai Sutaria, HUF, Ahmedabad vs. ACIT, Central Circle-1(2), Ahmedabad
In the result appeal of the assessee is hereby allowed
ITA 253/AHD/2022[2011-12]Status: DisposedITAT Ahmedabad10 Apr 2024AY 2011-12
Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyalasstt. Sr.No.
For Appellant: Ms Nupur Shah, A.RFor Respondent: Shri Ashok Kumar Suthar, Sr.DR
Section 132Section 153ASection 271(1)Section 271(1)(c)
…51 taxmann.com 462 (Allahabad), the High Court held that where assessee voluntarily surrendered a sum pertaining to cash credit in revised return to purchase peace and to avoid litigation, penalty was to be deleted. 9.5.9 n the case of CIT v. M.P. Narayanan 244 ITR 528 (Mad.), the High Court held that in penalty proceeding it is duty of ITO to establish by evidence that there was concealment of income and amount added represented assessee's income. Further, the mere fact that assessee agreed to inclusion of cash credits and other amounts in total income on account of inability to prove source or to avoid protra…