TMI Blog2018 (1) TMI 1327X X X X Extracts X X X X X X X X Extracts X X X X ..... ecided in favour of assessee. - ITA No.486/LKW/2016 - - - Dated:- 16-1-2018 - Shri. T.S. Kapoor, Accountant Member And Shri Partha Sarathi Chaudhury,Judicial Member Appellant by: None Respondent by: Smt. Alka Singh, D.R. ORDER Partha Sarathi Chaudhury, J.M: This appeal preferred by the assessee arises from the order of the ld. CIT(A), Bareilly dated 30/6/2016 on the following grounds of appeal:- 1. That the authorities below have erred on facts and in law in imposing and the penalty U/s 271(1)(c) of the Income-tax Act, 1961 in the present at ₹ 70,768/-. 2. That the order of the Id. CIT(A) being erroneous is liable to be quashed. 3. That the appellant craves for any other grounds which may be tak ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erein he has relied upon various case laws, which are as under:- (1) CIT vs. S.V. Electricals P. Ltd., 155 Taxman 158 (M.P). (2) CIT vs. Ashim Kumar Agarw3al, 153 Taxman 226 (Jharkhand) (3) CIT vs. Harnarain in ITA No.2072/2010, order dated 31/10/2011. (4) CIT vs. Pricewaterhouse Coopers Pvt. Ltd., 2012-ITR-VSC- 244 (SC). (5) T Ashok Pai vs. CIT [2007] 161 Taxman 340 (SC). 5. On the basis of the above judicial pronouncements, the ld. A.R. of the assessee submitted that because of the complexities of the income tax provisions, there was a bona-fide mistake, because of which tax on sale of property was not included in the return of income, but when he came to know about the tax to be paid, the very day when the assessment or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red the judicial pronouncements placed before us. At the very outset, we observe that as appearing on record, in the return filed by the assessee the tax on sale of immoveable property was not paid or entered into. However, when notice under section 148 of the Act was issued, assessee himself attended the proceedings and thereafter paid the entire tax on the same date when the assessment order was finalized. This element of behaviour on the part of the assessee shows that when he had filed the return, there was some omission on the part of the assessee to include the tax on the sale of property. However, when he received notice under section 148 of the Act, he was very eager to know what mistake has been committed by him and, therefore, he ..... X X X X Extracts X X X X X X X X Extracts X X X X
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