MR. DEVIDAS DYANESHWAR KHANDVE,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 12,, PUNE
ITA 566/PUN/2018[2012-13]Status: DisposedITAT Pune08 Aug 2022AY 2012-13
Bench: Shri Partha Sarathi Chaudhury & Dr. Dipak P. Ripoteआयकर अपीलसं. / Ita No.566/Pun/2018 िनधा"रण वष" /Assessment Year: 2012-13 Mr.Devidas Dyaneshwar Khandve, The Dy.Commissioner Of S.No.187, Opp.32 Room, Vs Income Tax, Circle-12, Lohegaon, Chirikle Colony, Near Pune. Water Tank, Pune – 411047. Pan: Akgpk 0229 H Appellant/ Assessee Respondent/ Revenue Assessee By None. Revenue By Shri S.P.Walimbe – Dr Date Of Hearing 28/07/2022 Date Of Pronouncement 08/08/2022 आदेश/ Order Per Dr.Dipak P.Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Ld.Commissioner Of Income-Tax(Appeals), Pune-5’S, Order Dated 10.02.2017 For The Assessment Year 2012-13, Involving Proceedings Under Section 271(1)(C) Of The Income Tax Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal: “1. The Learned Assessing Officer & Cit(A)-V Erred In Law & In Levying The Penalty Proceedings U/S 271(1)(C) Of Income Tax Act, 1961 & Therefore, Levied Penalty Of Rs.65,87,295/- Without Considering Suo Moto Filing Of Revised Return After The Survey Action U/S 133A.”
Section 133ASection 271(1)(c)
133A of the Act was carried out on assessee on 18.01.2013. During the course of survey, the statement of the assessee was recorded and tentative Trading Account was prepared.
As per the Tentative Trading Account, the assessee had declared total income at Rs.1,49,17,489/-.
Subsequently, the Assessing
Officer(AO) levied penalty under section