SHITAL PRAVIN JAIKRISHNIA,NASHIK vs. ITO, WARD-1(3), NASHIK, NASHIK
In the result, appeal of the assessee is allowed
ITA 681/PUN/2024[2015-16]Status: DisposedITAT Pune04 Jun 2024AY 2015-16
Bench: Dr. Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.681/Pun/2024 िनधा"रण वष" / Assessment Year: 2015-16 Shital Pravin Jaikrishnia, The Income Tax Officer, 37 38 39 40, Aditya Avenue, V Ward-1(3), Nashik. Tidke Colony, S Nashik – 422002. Pan: Adipj1793J Appellant/Assessee Respondent /Revenue Assessee By Shri Kishor B Phadke – Ar Revenue By Shri Sourabh Nayak – Addl.Cit-Dr Date Of Hearing 31/05/2024 Date Of Pronouncement 04/06/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 For A.Y.2015-16 Dated 20.02.2024 Emanating From The Penalty Order U/S.271(1)(C) Of The Income Tax Act, 1961 Dated 13.05.2019. The Assessee Has Raised The Following Grounds Of Appeal : “1. The Learned Cit(A)-Nfac Erred In Law In Law & On Facts In Confirming The Penalty U/S 271(1)(C) Of The Ita, 1961 To Rs 10,13,112 (Being 100% Of Tax Evaded) As Against The Penalty Of Rs. 20,64,224 (Being 200% Of Tax Evaded For Concealment Of Income). The Learned I-T Authorities Ought To Have Appreciated That There Is No Any Concealment Of Income.
Section 144Section 250Section 271(1)(c)Section 50C
penalty u/s 271(1)(c) is unsustainable.
Submission of LD.DR :
3. Ld.DR accepted that after the order of CIT(A) income of the assessee has been reduced to loss.
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Finding and Analysis:
4. We have heard both the parties and perused the records. It is mentioned in the assessment order that AO received information that assessee along with Shri
