M/S N N Jewellers, Jaipur vs. Income Tax Officer, Ward-2-1, Jaipur
In the result, all the appeals filed by the assessee are allowed in
ITA 66/JPR/2019[2008-09]Status: DisposedITAT Jaipur26 Mar 2019AY 2008-09
For Appellant: Shri Vijay Goyal (FCA)For Respondent: Ms. Anuradha (JCIT)
Section 1Section 271Section 271(1)Section 271(1)(c)Section 274
…ition is not the basis of imposition of penalty. Otherwise, also the sustained addition is also an estimated addition. The legal position in this regard has been succinctly given in the decision in the case of Dr. Hakeem S.A. Sajed Sattar v. Asstt. CIT [2009] 120 ITD 1 (Chennai). It has been held that on estimated addition, penalty under s. 271(1)(c) of the Act cannot be imposed because there can be no concealment in these cases, nor that the assessee has furnished inaccurate particulars of income. Any estimate is an opinion which is taken subjectively, when this difference of opinions leads to any addition, it c…