SMT. SHIVA BHATIA,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, KOTA
In the result, appeal of the assessee is allowed
ITA 1108/JPR/2019[2010-11]Status: DisposedITAT Jaipur28 Jan 2021AY 2010-11
Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 1108/Jp/2019 Fu/Kzkj.K O"Kz@Assessment Year :2010-11 Smt. Shiva Bhatia, Cuke D.C.I.T., Vs. 49-A, New Colony, Gumanpura, Central Circle Kota. Kota. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Ahtpb 1598 A Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri P.C. Parwal (Ca) Jktlo Dh Vksj Ls@ Revenue By : Smt. Monisha Choudhary (Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 18/01/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 28/01/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. This Is An Appeal Filed By The Assessee Against The Order Of Ld.Cit(A)- 2, Udaipur Dated 28/06/2019 For The A.Y. 2010-11 In The Matter Of Confirmation Of Penalty Imposed U/S 271(1)(C) Of The Income Tax Act, 1961 (In Short, The Act), Wherein Following Effective Grounds Have Been Taken. “1. Under The Facts & Circumstances Of The Case, The Order Passed U/S 271(1)(C) Is Illegal & Bad In Law. 2. The Ld. Cit(A) Has Erred On Facts & In Law In Confirming The Levy Of Penalty U/S 271(1)(C) Of The It Act, 1961 On The Alleged Undisclosed Salary Income Of Rs. 1,80,000/- Received From M/S Bhatia Corporation Pvt. Ltd. By Not Accepting The Explanation Of Assessee That Such Salary Income Was Inadvertently Left To Be Included At The Time Of Filing The Return.”
For Appellant: Shri P.C. Parwal (CA)For Respondent: Smt. Monisha Choudhary (Addl.CIT)
Section 132Section 139(1)Section 153ASection 271(1)(c)
5A to section 271(1)(c) is satisfied in the instant case and therefore, levy of penalty is hereby directed to be deleted.”
8. After having gone through the facts of the present case, we noticed that only dispute in the present case is levy of penalty on the alleged undisclosed salary income of Rs.1,80,000/- credited