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01-07-2019, Gajjan Singh Thind, Section 153, 139, 148, 68, Tribunal Chandigarh

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2 weeks 18 hours ago #9965 by amit
Section - 153, 139, 148, 68, 69C, 69A, 69B, 69D,115BBE
Order Date - 01-07-2019
Favouring - Assessee Partly
Court - Tribunal Chandigarh
Appellant - Gajjan Singh Thind
Respondent - ACIT
Citation - 719Taxpundit54
Appeal No. - ITA No.1402/Chd/2018
Asstt. Year - 2014-15


PER : Sanjay Garg

The present appeal has been preferred by the assessee against the order of the Commissioner of Income Tax (Appeals)- 3, Ludhiana [(hereinafter referred to as ‘CIT(A)’] dated 24.8.2018, agitating the action of the CIT(A) in confirming the penalty of Rs.16,28,624/- levied by the Assessing Officer (in short ‘A.O.’) u/s 271(1)(c) of the Income Tax Act, 1961 (in short ‘Act’).

2. The brief facts relevant to the issue are that for the assessment year under consideration, the assessee filed original return of income on 31.7.2014 declaring a net taxable income of Rs.98,36,430/- and claimed an exempt income of Rs.41,45,665/- on account of Long Term Capital Gains. The assessee was summoned by the Dy. Director of Income Tax (Investigation) in respect of an entry regarding Long Term Capital Gains vide letter dated 30.9.2015. Thereafter the assessee filed a revised return on 8 10.2015 declaring the said income of Rs.41,55,876/- shown in the original return as Long Term Capital Gains, as “income from other sources” and paid the due taxes thereupon. Thereafter the assessment u/s 143(3) of the Act was carried out in the case of the assessee. During theassessment proceedings, the A.O. observed that the aforesaid surrender of income of Rs.41,55,876/- as “income from other sources” in the revised return, was an “undisclosed income” of the assessee as the assessee in the original return, had claimed the same to be tax exempt. Had the assessee been not summoned by the Investigation Wing, the assessee would not have revised his return to offer for taxation the aforesaid amount of Rs.41,55,876. The A.O. further observed that though the assessee had surrendered the aforesaid amount of Rs.41,55,876/- in front of the DDIT (Investigation), Ludhiana but did not submit the return (ITR-V) online to the Central Processing Centre (CPC), Bangaluru but during scrutiny assessment proceedings, the assessee offered the said income for taxation. That since the assessee had filed the revised return after commencement of scrutiny assessment proceedings and also did not submit ITR-V online to CPC, Bangaluru, he, therefore, held that it was a case of concealment of income.

The A.O. further noticed that there was a difference of Rs.2,00,015/- between the amount shown by the assessee as received from share profits, which was further offered as ‘income from other sources’ and the amount actually received in the bank account of the assessee. On being asked to explain, the assessee accepted that the amount shown in computation was less and agreed to addition of the difference, amounting to Rs.2,00,015/ . The A.O. accordingly, made an addition of the aforesaid amount totaling Rs.4,35,591/- into the income of the assessee u/s 68 of the Act. The A.O. accordingly, initiated the penalty proceedings u/s 271(1)(c) of the Act. In the penalty proceedings, the A.O. held that in view of the above facts, the assessee had concealed the particulars of income amounting to Rs.43,55,891/- and levied the penalty @ 110% of the tax sought to be evaded of Rs.16,28,624/-.

3. The assessee preferred an appeal before the Ld.CIT(A) but remained unsuccessful.

4. Before us, the Ld.Counsel for the asssessee has submitted a chart showing the sequence of events, which is reproduced as under:

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