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2023 (9) TMI 1338 - ITAT RAJKOTPenalty order u/s. 271(1)(c) - expenditure claimed u/s. 57 - Assessee has shown gross “income from other sources” and claimed the expenses/deduction against the above income - AO during the assessment proceedings required the assessee to justify the expenses/deduction u/s 57 against the income earned from other sources - HELD THAT:- As seen from the Penalty order, the A.O. proceeded with the Penalty proceedings after the disposal of appeal by CIT(A) who has confirmed the disallowance - AO issued a show cause notice dated 08-01-2018 and served on the assessee by RPAD to explain its case on 29-01-2018. Even for this Penalty proceedings, the assessee has not responded thereby the AO imposed a minimum penalty u/s 271(1)(c) - Even before the Ld. CIT(A), the assessee has mentioned about the pendency of the appeal before the ITAT and not explained the expenditure claimed u/s. 57 - CIT(A) also confirmed the levy of penalty u/s. 271(1)(c) of the Act. As it can be seen from the assessment proceeding as well as penalty proceeding, the assessee failed to substantiate its claim of expenditure made u/s. 57 to earn the “income from other sources”. In the absence of the same, even before the Lower Authorities as well as before this Tribunal mere filing written submission for 5 pages without any material evidences cannot yield good result to the assessee. We do not find proper assistance from the assessee by simply filing a written submission without any material evidences before us as well as before Ld. CIT(A). It is not the case of the Revenue that made the addition without hearing the assessee, whereas five opportunities were given to the assessee to explain its case which were never responded by the assessee and nor filed any details or evidences in respect of the expenses claimed u/s. 57 of the Act. Therefore, we have no hesitation in confirming the order passed by the Lower Authorities. Thus the grounds of appeal raised by the assessee is hereby rejected.
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