Income Tax Officer, Ward 1 Nanded, Nanded vs. Satyawan Arjunrao Shinde, Osmanabad
In the result, the appeal filed by the Revenue is dismissed
ITA 2109/PUN/2024[2018-19]Status: DisposedITAT Pune21 Feb 2025AY 2018-19
Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2109/Pun/2024 िनधा"रण वष" / Assessment Year : 2018-19 Ito, Ward-1, Nanded. Vs. Satyawan Arjunrao Shinde, Nagar Accident Hospital, Gore Complex, Samta Nagar, Osmanabad- 413501. Pan : Baeps8869J Appellant Respondent Revenue By : Shri Arvind Desai Assessee By : Shri B. P. Jaju Date Of Hearing : 02.12.2024 Date Of Pronouncement : 21.02.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Revenue Is Directed Against The Order Dated 06.08.2024 Passed By Ld. Cit(A), Pune-12 [‘Ld. Cit(A)’] For The Assessment Year 2018-19. 2. The Revenue Has Raised The Following Grounds Of Appeal :- “1. On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Failed To Appreciate The Facts That The Assessee Has Suppressed Professional Receipts Not Shown In His Itr, Ld. Cit(A)-12, Pune Vide Letter Dtd.02/01/2023 Directed That Penalty Proceedings U/S 270A Of The Act May Be Initiated By The Ao At The Time Of Giving Effect To The Appeal Order Dtd.28/11/2022. Accordingly Ao Initiated Penalty Proceedings As Per Clause (E) Of Sub-Section 9 Of Section 270A Of The Act.
For Appellant: Shri B. P. JajuFor Respondent: Shri Arvind Desai
Section 133ASection 2Section 270ASection 270A(1)Section 274Section 9
represents professional income only. The Assessing Officer then wrote a letter to Ld. CIT(A), Pune-12 and asked the permission to levy penalty u/s 270A of the IT Act. Ld. CIT(A), Pune-12 replied on 02.01.2023
that :
“penalty proceedings u/s 270A of the IT is consequential ... basis of above letter received from Ld. CIT(A), Pune-12 and since the assessee has not replied, the Assessing Officer imposed penalty u/s 270A(9)(e) of the IT Act.
After considering the reply of the assessee, Ld. CIT(A) deleted the penalty u/s 270A(9)(e) by observing