M/S Naresh Katare, Contractor, Gwalior vs. A.C.I.T., Circle-3, Gwalior
In the result, appeals of the assessee is allowed
ITA 53/AGR/2016[2009-10]Status: DisposedITAT Agra09 Nov 2017AY 2009-10
Bench: Shri A.D. Jain & Dr. Mitha Lal Meena
For Appellant: Shri Rajendra Sharma, AdvocateFor Respondent: Shri Washim Arshad, Sr. DR
Section 145(3)Section 271Section 271(1)(c)
…re was no concealment of income and accordingly no penalty is imposable as held in the case of ‘CIT vs. Raj Ban Singh’, (2005) 276 ITR 351(All). The Hon’ble Delhi High Court in the case of ‘CIT vs. Aero Traders Pvt. Ltd.’, (2010) 322 ITR 316(Del); and ‘(2010) 231 CTR 524’, and in many decisions of ITAT, Agra Bench, Agra, (Supra), it was held that penalty is not leviable when income was assessed based on estimated profit and substantially reduced by the Tribunal. In the present case, the assessment was based on estimated profit @ 12.5 % which is substantially reduced by the ld. CIT (A) by estimating @ 6 % and furt…