Shri Shivaji Dattatray Sonawane, Nashik vs. The Income Tax Officer, Ward-2(1), Nashik
In the result, appeal of the assessee is allowed
ITA 707/PUN/2023[2016-17]Status: DisposedITAT Pune20 Sept 2023AY 2016-17
Bench: Shri Inturi Rama Rao & Shri Partha Sarathi Chaudhuryshivaji Dattatray Sonawane, Vs Ito, Ward-2(1), Sonawane Mala, Samangaon Nashik. Road, Sinnar Phata, Nashik Road, Nashik. Pan: Acaps 3868 A Appellant Respondent Assessee By : Shri Naimish Sanjay Dixit Revenue By : Shri M.G. Jasnani, Dr Date Of Hearing : 14/09/2023 Date Of Pronouncement : 20/09/2023 O R D E R Per Partha Sarathi Chaudhury, Jm: This Appeal Preferred By The Assessee Emanates From The Order Of National Faceless Appeal Centre [Nfac], Delhi, Dated 05.04.2023 For A.Y.2016-17 As Per The Grounds Of Appeal On Record.
For Appellant: Shri Naimish Sanjay DixitFor Respondent: Shri M.G. Jasnani, DR
Section 271(1)(c)Section 274
…g levied for concealment of income or for furnishing of inaccurate particulars of income. In absence of such finding, the order would be bad in law. This has been held by the Hon'ble Gujarat High Court in the case of New Sorathia Engineering Co. v. CIT [2006] 202 CTR 188 (Guj) / [2006] 282 ITR 642 (Guj). The Hon'ble High Court held that it is incumbent upon the AO to state whether the penalty was being levied for concealment of income or whether any inaccurate particulars of income has been furnished by the assessee. The Hon'ble Delhi High Court in the case of CIT vs. Rajan & Co. [2005] 197 CTR 199 (Del.) has hel…