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Shri Vardharam J. Patel Versus A CIT, Circle - 17 (3) , Mumbai

2017 (5) TMI 206 - ITAT MUMBAI

Penalty under section 271(1)(c) - Held that:- As the quantum issues on the basis of which penalty under section 271(1)(c) of the Act for these years was levied do not now survive for consideration and, therefore, the said orders levying penalty under section 271(1)(c) of the Act being unsustainable, we cancel the same. Consequently, we allow the assessee’s appeals for assessment years 2001-02 to 2004-05 seeking the deletion of penalty levied under section 271(1)(c) of the Act. - Decided in favou .....

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'the Act'). 2. These appeals were earlier dismissed exparte by way of orders of even number dated 10.05.2016, for reason of non prosecution by the assessee on account of not being present or represented on various dates on which these appeals were fixed in response to notices issued. Subsequently, the miscellaneous applications in MA Nos. 403 to 406/ Mum/2016 were filed by the assessee seeking recall of the exparte order dated 10.05.2016, for various reasons mentioned therein, inter alia .....

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s and restored the same to the file of the Assessing Officer (AO) for fresh examination and adjudication. In this factual matrix of the case, the Bench in the interest of equity and justice had recalled its orders of even number dated 10.05.2016 and took up these four appeals for hearing afresh. 3.1 We have heard the rival contentions and perused and carefully considered the material on record. In these appeals before us, for assessment years 2001-02 to 2004-05, the assessee has raised similar g .....

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O for fresh examination and adjudication by the decision of the Coordinate Bench of this Tribunal in assessee s own case in ITA Nos. 8077 to 8080/Mum/2010 vide order dated 24.04.2015 (copy of which has been placed on record). 3.2 We have carefully perused the aforesaid order of the Coordinate Bench (supra) and find that the assessee s appeals for assessment years 2001-02 to 2004-05 on quantum additions, that form the basis for levy of penalty, have been set aside and restored to the file of the .....

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sidering the holding of the agricultural land by the assessee, in our considered opinion, the agricultural income shown by the assessee in these four years under appeal appear to be very reasonable. We further find that the AO has referred the matter to the District Collector to know the agricultural income in the case of one Shri Armsingh whose village is in the immediate vicinity with that of the assessee. We find the District Collector has given a report of agricultural income in the case of .....

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the District Collector as he has done in the case of other persons living in or around the same area. Therefore, in the interest of justice and fair play, we restore this issue to the file of the AO. The AO is directed to verify the agricultural income as per the Revenue records of the District Collector by calling information or sending I.T. Inspector as the case may be and after giving a reasonable opportunity of being heard to the assessee, decide the issue afresh. Grievance relating to the a .....

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roceedings of A.Y. 2002-03. The impounded books contain cash book and ledger accounts for the period 1.4.2001 to 31.3.2002. Page-165 of the paper book 1B is the cash book entry as on 20.11.2001 which shows credit of ₹ 5 lakhs on account of sale of agricultural land. Page-167 of the same Paper book contains cash book entries of 5.12.2001, the said entries show credit of ₹ 1,50,000/- from the books of money lending business. Page-168 shows cash book entries of 6.12.2001 which show cred .....

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. There is a reference by the AO in his remand proceedings in respect of this affidavit. The remand report is at pages 292 to 295 of the Paper Book-1C. The reasons given for rejecting the claim of the assessee in the remand proceedings is that the assessee could not verify the contents of the affidavit as the assessee failed to produce the witnesses and the person making the affidavits. At page-214 of the Paper Book-1B, we find an affidavit of Shri Laxmanaram J. Choudhary who stated that he was .....

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