TMI Blog2021 (10) TMI 965X X X X Extracts X X X X X X X X Extracts X X X X ..... d 14.12.2017. Since the identical grounds have been raised, all these three appeals are taken up together and are being disposed off by way of the consolidated order. The assessee has raised following grounds in all these three appeals respectively:- ITA No.1538/Del/2018 [Assessment Year : 2005-06] 1. That on facts and circumstances of the case and in law, the impugned ex-parte order dated 11.03.2015 passed by the assessing officer under section 271(1)(c) of the Income Tax Act, 1961 (the Act), levying penalty of ₹ 1,31,100/- is without jurisdiction, bad in law and void ab initio. 2. That on the facts and circumstances of the case and in law, the impugned penalty order passed by the assessing officer is passed without complying with the principles of natural justice. 3. That the penalty levied under section 271(1)(c) of the Act is void and illegal inasmuch as the assessing officer failed to record valid satisfaction in the assessment order and failed to specify specific charge in the show cause notice for levying the penalty. 4. That on the facts and circumstances of the case and in law, the CIT(Appeals) confirmed the action of the assessing officer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as to warrant levy of penalty. 5. That the assessing officer erred on facts and in law in imposing penalty under section 271(l)(c) of the Act, without appreciating that (a) all material facts were duly disclosed by the appellant (b) no penalty is leviable qua additions or disallowances related to issues which are debatable (c) claim made were properly explained and explanation furnished was bonafide and (d) the addition made in the assessment order were predicated on bonafide difference of opinion between the appellant and the assessing officer. The appellant craves leave to add, alter, amend or vary from the above grounds of appeal at or before the time of hearing. ITA No.1540/Del/2018 [Assessment Year : 2010-11] 1. That on facts and circumstances of the case and in law, the impugned ex-parte order dated 11.03.2015 passed by the assessing officer under section 271(1)(c) of the Income Tax Act, 1961 (the Act), levying penalty of Rs.l,40,7401- is without jurisdiction, bad in law and void ab initio. 2. That on the facts and circumstances of the case and in law, the impugned penalty order passed by the assessing officer is passed without complying with th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 06 is reproduced as under: 2.6.3 On perusal of the capital account of the assessee it is seen that it has shown total drawings of ₹ 1,02,932/- during the F.Y. 2004-05. But on the other hand the details of household expenses/drawings of the assessee as per the seized page number 11-12 of Annexure A-l, party H-9 are as under: S. No. Month Amount (in Rs.) 1. April 2004 43,231 2. . May 2004 227,04-1 3. June 2004 66,000 4. July 2004 91,261 5. Aug 2004 38,419 6. Sep 2004 23,998 7. Aug 2004 42,895 8. Nov 2004 34,470 9. Dec 2004 29,694 10. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der for assessment year 2005-06, in the case of the assessee that credit appearing in some bank account was also unexplained. The learned Assessing Officer has not given benefit of said unexplained credit against unexplained house-hold withdrawal and addition has been made for the sum, which is maximum out of the two. As per law, benefit of only explained income or income on which tax has been paid (including exempt income) can be given against unexplained house-hold income, which the AO has partly given. If the unexplained credits in bank accounts, which are not utilized towards house-hold expenditure and used somewhere else, then a separate addition was required for those unexplained credits. 10. The facts and circumstances are identical in other two assessment years. In our opinion, the Ld. CIT(A) has not appreciated all the evidences furnished by the assessee and therefore, we feel it appropriate to set aside the order of the learned CIT(A) and restore the issue in dispute involved in all the three assessment years to the file of the Assessing Officer with the direction to the assessee to file necessary evidence in support of source of household expenditure declared in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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