2012 (6) TMI 788 - AT - Income Tax

Summary

Issues involved: Appeal against deletion of penalty u/s.271(1)(c) of the I.T. Act.

Summary:
The appeal was filed by the Revenue challenging the deletion of a penalty of Rs. 29,25,280/- u/s.271(1)(c) of the I.T. Act by the Learned CIT(Appeals)-V, Baroda. The Revenue's grievance was related to the penalty deletion.

The facts revealed from the penalty order u/s.271(1)(c) dated 17.3.2008 and the assessment order u/s.153-C r.w.s.143(3) dated 19.12.2006 showed that a search u/s.132 was conducted on 4.3.2005, resulting in the seizure of documents from M/s.Om Shivam Corporation related to the assessee. The seized documents indicated that the assessee received Rs. 1,73,30,000/-, out of which Rs. 86,37,000/- was admitted and disclosed in the revised income return. However, the receipt of Rs. 29 lacs was denied. An addition of Rs. 30,93,000/- was made based on two seized cheques.

The Tribunal, in its decision, noted that the addition was made on presumption or suspicion without concrete evidence linking the undisclosed income to the assessee. It emphasized the requirement of legal proof for such additions and concluded that the authorities were unjustified in confirming the addition. Therefore, the Tribunal set aside the addition of Rs. 30,93,000/-.

As the addition was already deleted by the Tribunal, no penalty u/s.271(1)(c) would stand. Consequently, the appeal of the Revenue was dismissed, affirming the deletion of the penalty.

In conclusion, the appeal of the Revenue against the deletion of the penalty u/s.271(1)(c) of the I.T. Act was dismissed by the Appellate Tribunal ITAT AHMEDABAD.