TMI Blog2014 (5) TMI 351X X X X Extracts X X X X X X X X Extracts X X X X ..... me – Decided against Assessee. - ITA No. 869/Ahd/2013, 870/Ahd/2013, 871/Ahd/2013 - - - Dated:- 29-4-2014 - Shri Kul Bharat And Shri T. R. Meena,JJ. For the Petitioner : Shri Mukund Bakshi, A.R. For the Respondent : Shri K.C. Mathews, Sr.D.R. ORDER Per Shri Kul Bharat, Judicial Member : These three appeals by the Assessee are directed against the common order of the Ld.Commissioner of Income Tax(Appeals)-IV, Ahmedabad ( CIT(A) for short) dated 31/01/2013 pertaining to Assessment Years (AYs) 2006-07, 2007-08 2008-09. Since common issues are involved, these appeals were heard together and are being disposed of by way of this consolidated order for the sake of convenience. 2. First, we take up the assessee s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Act, thereby the AO levied a penalty of Rs.1 lac on the concealed income of Rs.3,56,390/- being the difference between income declared u/s.153A and u/s .139(1) of the Act. 4. Ground Nos.1 2 are inter-connected. The ld.counsel for the assessee reiterated the submissions as were made before the ld.CIT(A). The ld.counsel for the assessee has placed on record the decision of Hon ble Coordiante Bench (ITAT D Bench Ahmedabad) in IT(SS)A No.298/Ahd/2012 ITA No.1323/Ahd/2012 for AYs 2008-09 2009- 10 respectively in the case of Chirag Harmanbhai Patel (HUF) vs. The DCIT dated 26/04/2013. The ld.counsel for the assessee submitted that the AO has not given a specific finding whether the penalty has been levied on concealment of particu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed. 9. Now, we take up the Assessee s appeals for AYs 2007-08 2008- 09, i.e. ITA Nos.870 871/Ahd/2013 respectively. The assessee has raised the following common grounds in his respective appeals:- All the grounds of appeal in this appeal are mutually exclusive and without prejudice to each other. 1. The Hon ble Commissioner of Income Tax (Appeals)-IV, Ahmedabad has erred in law and in facts in confirming the action of the Ld.A.O. in levying the penalty of Rs.5,00,000 (Rs.31,000/- for AY 2008-09) u/s.271(1)(c) in respect of the additional income of Rs.16,92,930/- (Rs.1,05,450 for AY 2008-09 (offered voluntarily in the return filed in response to notice u/s.153A plus an amount of Rs.60,000 (Rs.1,401 for AY 2008-09) added to the retu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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