SC: NDPS Disposal Rules Do Not Prevent Interim Release of Seized Vehicle to Innocent Owner  ||  SC: Police Can Register FIR for Threatening Witness under S.195A IPC Without Court Complaint  ||  Supreme Court: Pre-Litigation Mediation Not Required for Cases of Continuing IPR Infringement  ||  Madras HC: Customs Brokers’ Offence Report Need Not Be Penal; 90-Day Period Starts on Receipt  ||  Delhi HC: Police Evidence Valid Even if Narcotics Search and Seizure Were Not Videographed  ||  Orissa HC: Court Must Pass Decree Based on Mediation Report Once Dispute is Referred to Mediation  ||  Delhi HC: Employees Strictly Liable to Return Company Property Upon Termination of Employment  ||  Delhi HC: Cheques Issued Solely as Security Cannot be Encashed for Any Existing Debt  ||  Delhi HC: Changing POCSO Victim’s Clothes Before Medical Examination Does Not Affect Evidence  ||  Delhi HC: Legal Heirs Can Seek Impleadment in Pending Appeals under FEMA    

DCIT vs. Shyam K Gyanchandani, Ulhasnagar - (Income Tax Appellate Tribunal) (03 Feb 2023)

When the addition is on estimated basis, penalty cannot be levied on adhoc estimated income

MANU/IU/0088/2023

Direct Taxation

The Revenue has filed the appeal against the order of the National Faceless Appeal Centre (NFAC), Delhi / CIT(A) passed under Section 250 of the Income Tax Act, 1961 (IT Act). The revenue has raised the grounds of appeal that, the Learned CIT(A) has erred in not considering that the penalty was levied in respect of the addition made on the basis of information received from the Sales Tax Department, Maharashtra with regard to bogus purchase made by the assessee from dealers without supply of actual goods.

It is submitted that, the Learned CIT(A) has erred in deleting the penalty by not appreciating the fact that the assessee could not substantiate the genuineness of purchases from the said parties during assessment proceedings as well as penalty proceedings.

When the addition is on estimated basis, penalty under Section 271(1)(c) of the IT Act cannot be levied on such adhoc estimated income. The disallowance of purchases on ad-hoc basis does not tantamount to furnishing inaccurate particulars of income under the provisions of Section 271(1) (c) of the IT Act.

The Assessing officer has not doubted the sales and made disallowance of bogus purchases. Further the assessing officer made an addition based on the information received from Sales tax department, Maharashtra since the said information could not conclusively be proved. The Ld. DR could not controvert the findings of the CIT(A) with any new cogent evidences or information to take different view. Accordingly, present Tribunal is not inclined to interfere with the order of the Learned CIT(A) and upheld the same. The appeal filed by the revenue is dismissed.

Tags : PENALTY   LEVY   LEGALITY  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved