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2014 (5) TMI 695 - ITAT AHMEDABADLevy of penalty u/s. 271(1)(c) of the Act – Suppression of job charges – Unexplained expenditure - Held that:- The addition was made by the AO on account of suppression of job charges and unexplained expenditure - the Tribunal vide order dated 28.12.2012 confirmed the addition to the extent of Rs. 13 lac and Rs. 10 lac on account of suppression of job charges and unexplained expenditure respectively - the addition made by AO has been reduced on account of the order of Co-ordinate Bench of Tribunal and thereby the addition to the extent upheld by the Tribunal has attained finality - since the penalty is on the original disallowance made by AO - the levy of penalty on the such amount cannot be sustained – thus, the matter of levy of penalty is remitted back to the AO for fresh adjudication – Decided in favour of Assessee.
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