Sri Babu Reddy Appaiah, Bangalore vs. The Assistant Commissioner of Income Tax Circle-3(2)(1), Bangalore
In the result, the appeal filed by the assessee is allowed
ITA 2343/BANG/2018[2009-10]Status: DisposedITAT Bangalore02 Aug 2019AY 2009-10
Bench: Shri Arun Kumar Garodia & Shri Pavan Kumar Gadaleassessment Year : 2009-10 Shri Babu Reddy Appaiah, The Assistant No. 25, Vinayaka Nilaya, Commissioner Of Sy No. 179/2, J P Nagar, Vs. Income Tax, 8Th Phase, Circle – 3 (2) (1), Bangalore – 560 062. Bangalore. Pan: Abepa7257L Appellant Respondent Assessee By : Shri Ravishankar S.V., Advocate Revenue By : Shri M. Rajasekhar, Addl. Cit (Dr) Date Of Hearing : 15.07.2019 Date Of Pronouncement : 02.08.2019
For Appellant: Shri Ravishankar S.V., AdvocateFor Respondent: Shri M. Rajasekhar, Addl. CIT (DR)
Section 271(1)(c)
…that under these facts, the penalty imposed by the AO is not justified and the same should be deleted. 4. The ld. AR of assessee placed reliance on the judgment of Hon'ble Karnataka High Court rendered in the case of CIT Vs. Vasanth K Handigund as reported in 327 ITR 233 (Karn). The ld. DR of revenue supported the orders of authorities below. 5. We have considered the rival submissions. First of all, we reproduce para 7 of the assessment order for ready reference. “7. While computing the capital gains, the assesse has claimed cost of construction of sheds of Rs.6,35,000/- (1985-86) and Rs.8,95,000/- (1989-90) and…