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Shiv Kumar Versus ITO, Ward -20 (2) , New Delhi

2015 (9) TMI 1287 - ITAT DELHI

Penalty u/s 271(1)(b) - Held that:- Making additions and partly confirming them we find that both authorities have not passed speaking orders and moreover the necessary clarifications stated by assessee were not properly examined. Assessing Officer has also completed assessment u/s 144 of the Act. Therefore in view of the substantial justice we are of the view that appeals confirming the assessment and confirming the penalties needs to be looked after again by AO. The AO will provide sufficient .....

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essment completed by AO u/s 144 of the Income Tax Act, 1961 whereas ITA No. 3902/Del/2014 relates to confirmation of penalty imposed by AO u/s 271(1)(b) of the Income Tax Act, 1961 and ITA No. 3903/Del/2014 relates to confirmation of penalty u/s 271(1)(c) of the Income Tax Act. 2. These appeals were heard together. Therefore for the sake of convenience a common and consolidated order is being passed. None was present on behalf of assessee. However it was felt that the appeals can be disposed off .....

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arts whereas before Ld. CIT(A) he changed his stance and stated that he had earned income from tuition and in fact before Ld. CIT(A) he also stated that the return was filed by him by mistake and in fact he was not liable for income tax. Ld. DR submitted that how can be a person file a return and then deny that it was not his return. Therefore Ld. DR submitted that additions sustained by Ld. CIT(A) need to be confirmed. 4. We have heard Ld. DR and have gone through the material available on reco .....

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f the assessee. (Addition of ₹ 64,528/-) B. No capital has been shown as utilized. It is not possible to do the business without capital to make sale of ₹ 5,08,431/-. The assessee may require atleast ₹ 1,00,000/- (approx) as his capital. As the assessee did not show any capital, ₹ 1,00,000/ - is added to the income of the assessee as investment u/s 68 of the IT Act. (Addition of ₹ 1,00,000/-) C. As per column 51 of the ITR the assessee has shown net profit of ₹ .....

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n the nature of these expenses. In the absence of details, 1/4th of the above expenses which comes to ₹ 74,420/- is disallowed and added to the income of the assessee. (Addition of ₹ 74,420/- ) E. As per return, in column No. 6, the assessee has shown sundry creditors at ₹ 19,872/-. No details of the creditors has been provided. The onus lies on the assessee to prove the genuineness of the creditor which the assessee failed. In the absence of the details, ₹ 19,872/- outst .....

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e of income, initially claiming in the Return that he was involved in trading of Auto Parts etc., subsequently claiming that he was having income from tuition and that he was running coaching Classes under the name and style of 'Oasis Acadmy' and then subsequently claimed that he had no income from tuition in the year under consideration. In view of these contradictory and false claims of the Appellant, it is clear that the claims of the Assessee are not reliable and it is apparent that .....

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e has no evidence for his claims that he went away from Delhi in December, 2008 and returned back after two years in December 2010 and also that he did not receive any notices from the Assessing Officer. On one hand the assessee claims to be engaged in Automobile business, on the other hand claims that he is having tuition income and running Oasis Academy and then, to avoid the taxes and penalties claims that he was not having any income from tuition in AY 08- 09 and has even filed an affidavit .....

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y clear that the conduct of the Assessee was deliberate, it can not be taken as a minor inadvertent mistake. 8.6 The Assessee has claimed that he did not get reasonable opportunity for making compliance before the Assessing Officer. However. it is seen that sufficient opportunity was given to him in Appeal but the Assessee did not avail of that opportunity and did not submit all the information, details, documents etc. and rather changed his claims regarding the income of the year under consider .....

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were confirmed. 8.7 It is seen that the conduct of the Assessee was deliberate, and with an intention to prevent the truth from coming out, the Assessee kept on shifting his stand about his income for AY 08-09 and having initially claimed in the Return that he was involved in trading of Auto Parts etc., subsequently claimed that he was having income from tuition and that he was running coaching classes under the name and style or 'Oasis Acadmy' and then subsequently claimed that he had n .....

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y the Assessing Officer U/S 68 of the IT Act. The Assessee has stated that the Appellant has already shown his actual investment in the Balance Sheet. The Assessing Officer has not been able to point out any investment by the Assessee over and above that shown in the Balance Sheet and hence, I am unable to sustain this addition which is hereby deleted. 8.9 The Assessing Officer has added a difference of ₹ 54,853/- to the income of the basis that the Assessee has disclosed net profit of  .....

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ert these observations. though it was claimed in the Written Submissions dated 30.05.13 that all the expenses are for business purpose only. It is noteworthy that the claim of genuineness of expenses is contrary to the subsequent claims of the Assessee. In view of the entire facts. the addition amounting to ₹ 74/420/- is hereby confirmed. 8.11 Sundry Creditors amount to ₹ 19,872/- were added back to the Income of the Assessee in the absence of any details and the Assessee being unabl .....

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