TMI Blog2014 (6) TMI 394X X X X Extracts X X X X X X X X Extracts X X X X ..... s of the case - the assessee have not furnished any explanation nor even the primary details in support of its claim, have therefore no hesitation in confirming the penalty, levied @ 100% of the tax sought to be evaded – Decided against Assessee. - I.T.A. No. 5872/Mum/2012 - - - Dated:- 28-5-2014 - Shri D. Manmohan, VP And Shri Sanjay Arora, AM,JJ. For the Appellant : Shri R. C. Jain For the Respondent : Shri Pitambar Das ORDER Per Sanjay Arora, A. M. This is an Appeal by the Assessee directed against the Order by the Commissioner of Income Tax (Appeals)-13, Mumbai ( CIT(A) for short) dated 15.07.2012, confirming the levy of penalty u/s.271(1)(c) of the Income Tax Act, 1961 ( the Act hereinafter) in its case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the exact purpose of the visit; the nature of work carried out thereat, with whom was the business transacted; etc. would need to be specified. Further, normally visits are planned upon doing ground work for the same, i.e., qua the activity in relation to which the travel is undertaken. We in fact find the assessee s case to be sans any explanation, and limited to a bald statement of having incurred the expenditure for business purpose, which it has abysmally failed to substantiate in any manner, leading to a disallowance in the first place, followed by a confirmation of the penalty. 3.2 The law in the matter is trite and well settled, and toward which we may cite a number of decisions by the apex court as under, i.e., a plausible exp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stantiate occurring therein, confirming, as a result, the penalty on an addition of Rs.7 lacs where the assessee was found unable to substantiate its explanation. The said order, thus, confirms both the position of the law in the matter as well as the fact that the matter is principally factual, to be decided on an appreciation of the facts and circumstances of the case, i.e., whether the assessee has been able to substantiate its explanation as well as it bona fides in the matter. We are as such unable to see as to how the said order assists the assessee s case. On the contrary, we having found on facts the assessee to have not furnished any explanation nor even the primary details in support of its claim, have therefore no hesitation in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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