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Ashok Kumar Arora Versus ACIT, Central Circle-19, New Delhi

2017 (11) TMI 513 - ITAT DELHI

Penalty u/s 271AAA - additional income offered by the assessee during assessment proceedings - Held that:- The issue before us is identical in nature to that of brother of the assessee’s case [2017 (11) TMI 456 - ITAT DELHI] wherein the ITAT has allowed the appeal of the assessee therein as held that as DR has pointed out that the manner of earning of the surrendered income has not been disclosed by the assessee income has not been disclosed by the assessee whereas the assessee by letter dated 2 .....

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der section 271AAA. Appeal of the assessee is allowed. - ITA No. 842/DEL/2014 - Dated:- 7-11-2017 - SHRI R. K. PANDA, ACCOUNTANT MEMBER AND MS SUCHITRA KAMBLE, JUDICIAL MEMBER For The Appellant : Mr. Ananya Kapoor & Sh. Sumit Manchandani, Adv For The Respondent : Sh. R. C. Dandey, Sr.DR ORDER PER SUCHITRA KAMBLE This appeal is filed against the order dated 10/10/2013 passed by CIT(A)-XXXIII, New Delhi. 2. The grounds of appeal are as under:- 1. That the CIT(A) has , in view of the facts and .....

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not fit into the scope of Sec 271 AAA . 4. That the CIT(A) has , in view of the facts and circumstances of the case, grossly erred on facts and in law in observing that the surrender made by the assessee is not in course of the statement recorded u/s 132(4) and hence Sec 271 AAA benefit cannot be granted to the appellant . 5. That the CIT(A) has erred on facts and in law in dismissing the appeal of the assessee and the CIT(A) has failed to adjudicate the matter in a judicious manner . 6. That th .....

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ch consisted of income from salary at ₹ 18,00,000/-, share from partnership firm M/s R.S.Rice & Gen. Mills at ₹ 7,702/-, interest from bank/Dawat Foods and NSCs at ₹ 2,42,681/- and income from trading business under the head other income at ₹ 5,31,076/- and deductions to the extent of ₹ 4,24,709/- were claimed. Besides this, an amount of ₹ 13,02,500/- was added back as undisclosed income of the assessee which was offered by the assessee as additional incom .....

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ct, 1961 was carried out in Dawat Group of cases including the assessee on 10/02/2009. During the course of assessment u/s 143(3) of the Income Tax Act, 1961, the assessee offered additional income of ₹ 13,02,500/-. The assessment u/s 143(3) was completed vide order dated 31/12/2010 by making addition of ₹ 34,59,250/- as regards additional income offered by the assessee during assessment proceedings. At the time of assessment order the Assessing Officer held that as regards immunity .....

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he CIT(A). The CIT(A) dismissed the appeal of the assessee. 6. The Ld. AR submitted that since the surrender was accepted by the Department then it s not a case for levy of any penalty. The Ld. AR further relied upon the order of the ITAT, New Delhi in case of the assessee s brother when in similar issue has been allowed in favour of the brother of the assessee relating to imposition of penalty u/s 271AAA. The Ld. AR further submitted that surrender was made with reference to the seized document .....

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Ld. DR relied upon the order of the Assessing Officer and the CIT(A). 8. We have heard both the parties and perused the material available on record. The issue before us is identical in nature to that of brother of the assessee s case wherein the ITAT has allowed the appeal of the assessee therein. The ITAT, New Delhi in ITA No. 6615/Del/2013 Assessment Year 2009-10 dated 16th August, 2017 held as under:- 10. We have heard the rival contentions and perused the facts of the case. The search was i .....

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ctors and individual family members of the group. Hence we are of the view that the letter dated 17.03.2009 cannot be said that it was not filed during the course of search. 11. The assessee had filed letters dated 21.01.2010 and 28.12.2010 in continuation and in reference to letter dated 17.03.2009 declaring the exact income belonging to him based on the seized documents. According to the assessee he modified the surrender made in respect of income belonging to him based on the seized documents .....

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