9911796707
TMI Blog2023 (9) TMI 480X X X X Extracts X X X X X X X X Extracts X X X X ..... 3.2023 passed by the CIT(A), National Faceless Appeal Centre (NFAC), Delhi for the Assessment Year 2013-14. 2. The Assessee has raised the following ground of appeal :- "1. The Learned CIT(A) grossly erred in law and on facts of the case in passing the order u/s. 250 of the IT. Act dated 16/03/2023 confirming the penalty of INR 1,92,000/- for A.Y. 2013-14. 2. The Learned CIT(A) grossly erred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder and levying penalty with respect to disallowance of cost of improvement of INR 1,87,234/- (being 90% disallowance of AUDA charges i.e., Rs. 2,08,037) on his own assumption and whim that the total expenses should have borne by all co-owners of the property and ignoring the general business module in the case. 5. The Learned CIT(A) grossly erred in law and on facts of the case in passing the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ome Tax Act, 1961 vide order dated 25.02.2016 determining total income of Rs. 11,80,970/-. During the assessment proceedings the Assessing Officer noticed that the assessee had claimed expenses relating to AUDA to the tune of Rs. 2,08,037/- which was related to the entire land and, therefore, the Assessing Officer made addition of Rs. 6,20,210/- under the head of "Capital Gain". Thereafter, penalt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder, Penalty Order and the order of the CIT(A). 7. Heard the Ld. DR and perused all the relevant material available on record. The assessee while computing the income and filing revised income was under bonafide mistake/bonafide belief that the assessee can claim the entire charges of amount paid to the AUDA as Capital Gain as deduction under Capital Gain. The said standard belief or mistake can ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
