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TMI Blog2024 (11) TMI 1065X X X X Extracts X X X X X X X X Extracts X X X X ..... of Rs. 2,26,765/-: 1. The Id. CIT(A) erred in confirming the levy of penalty of Rs. 2,26,765/- by the Assessing Officer u/s 271(1)(c) of the Act on disallowance of factory garden maintenance expenses of Rs. 7,33,865/-, without appreciating the fact that no case of furnishing any inaccurate particulars of income was proved by the AO, as assessee had submitted the details of invoices, ledger and payment details in respect of the expenses, therefore merely because the explanation of assessee is not accepted by AO, the levy of penalty is not justified. 2. The Ld CIT (A) failed to appreciate fact that assessee had not furnished any inaccurate particulars of income nor concealed any income, the factory unit at Nashik had to maintain the surro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The ld. A.O. rejected the claim of the assessee and levied penalty @ 100% of the tax sought to be evaded, which was worked out to Rs. 2,26,765/-. 4. On further appeal, the ld. CIT(A) also upheld the said penalty observing as under: 4.3. The issues were considered. The penalty order, written submission and relevant provisions of law were carefully perused. From the penalty order, it is apparent that the A.O. disallowed the gardening expenses of Rs. 7,33,865/- holding the same as not covered under the business expenses. The appellant preferred an appeal before the CIT(A). The CIT(A) examined the issue and dismissed the appeal of the appellant on the issue of disallowance of gardening expenses and accordingly confirmed the addition made by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f income was factually found to be incorrect during the assessment proceedings and further confirmed by the CIT(A). Hence, I find no infirmity in the penalty order passed by the Assessing Officer. As the appellant was provided sufficient opportunity during the penalty proceedings, the principles of natural justice have not been violated, Accordingly, the penalty order u/s 271(1)(c) of the Act is hereby confirmed. As a result, the above Grounds of appeal are dismissed. 5. We have heard rival submissions of the parties, including the paper book filed by the assessee containing pages 1 to 86. 6. The brief facts qua in dispute are that the assessee had a factory unit at MIDC, Nasik. The factory unit had some open surrounding space. The assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ees in the state on occasion of the World Environment Day. To implement State Govt's this decision, Board has issued Circular in this regard and directed all the Regional Officers to form a district level committee, to Identify open spaces, to engage private organizations/ NGOs/ Industries so as to achieve district level target of plantation of 1.5 lakh trees. Board grants Consent to Operate to industries with the condition to bring minimum 33% of the available open land under green coverage/ plantation. Also, they are instructed to submit a yearly statement by 30th September every year on available open plot area, number of trees surviving as on 31 March of the year and number of trees planted by September end. In line with the Sta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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