9911796707
TMI Blog2025 (1) TMI 907X X X X Extracts X X X X X X X X Extracts X X X X ..... 132 of the Income Tax, 1961 carried out at the premises of the Assessee on 14/06/2019 and 15/06/2019. Consequent to the said search and seizure, the assessment proceedings have been initiated and the assessment orders came to be passed u/s 153A r.w. Section 143(3) of the Act for the Assessment Years 2017-18 to 2020-21 by disallowing the business expenditure. The details of the same are as under:- Particulars ITR u/s 139(1) Additional Income in ITR u/s 153A ITR u/s 153A Disallowance of Donation Income assessed AY 2017-18 3,63,55,710 2,25,05,980 5,88,61,690 12,000 5,88,73,690 AY 2018- 19 6,35,69,500 53,34,050 6,89,03,550 3,62,470 6,92,66,020 AY 2019-20 7,43,63,410 62,77,220 8,06,40,630 5,60,560 8,12,01,190 AY 2020-21 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pite the fact that the alleged amount has already been declared by the assessee in the return of income filed in response to notice under section 153A of the Act and the same was accepted by the AO in the assessment order passed under section 153A of the Act and no adverse inference or variation has been made by the AO in the amount disclosed by the assessee. 4. (i) On the facts and circumstances of the case, the learned CIT(A) has erred both on facts and in law in confirming the penalty on the disallowance of donation amounting to Rs. 12,000/- made by the AO while computing the assessed income of the assessee. (ii) That the above said penalty has been confirmed ignoring the fact that there is no malafide intention of the assessee for n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... specified clauses of section 270A(9) of the Act. 9. On the facts and circumstances of the case, the learned CIT(A) has erred both on facts and in law in confirming the penalty despite the fact that there is neither misreporting of income nor under-reporting of income. 10. On the facts and circumstances of the case the learned CIT (A) has erred both on facts and in law in confirming the penalty levied by the AO ignoring the contention of the assessee that the penalty proceedings are independent proceedings, as such mere addition/disallowance does not lead to levy of penalty. 11. On the facts and circumstances of the case the learned CIT (A) has erred both on facts and in law in confirming the penalty levied u/s 270A of the Act despite ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nfraprojects Limited Vs. ACIT, PCCIT, CBDT 2024 (1) TMI 163, dated 02.01.2023 * ITAT Pune in the case of Kishor Digambar Patil Vs. ITD, 2023 (3) TMI 1472, dated 30.03.2023 * ITAT Pune in the case of Shri Shivaji Dattatray Sonawan Vs. ITO, 2024 (3) TMI 1097, dated 02.02.2024 * ITAT Pune in the case of Deepak Bhika Suryawanshi Vs. ITO, Nashik, 2024 (6) TMI 985 dated 19.06.2024 * ITAT Pune in the case of Sagar Subhash Wedhane Vs. ITO, Nashik, 2024 (7) TMI 398, dated 03.07.2024 * ITAT Pune in the case of Smita Virendra Lodha Vs. ITO, 2024 (11) TMI 686, dated 12 11.2024 * ITAT Chennai in the case of Shri Melekandy Puthalath Farook Vs. ACIT, 2024 (12) TMI 1419 dated 05.11.2024 6. Per contra, the Ld. Departmental Representative submit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... This Court also finds that there is not even a whisper as to which limb of Section 270A of the Act it attracted and how the ingredient of sub-section (9) of Section 270A is satisfied. In the absence of such particulars, the mere reference to the word "misreporting" by the Respondents in the assessment order to deny immunity from imposition of penalty and prosecution makes the impugned order manifestly arbitrary. 8. This Court is of the opinion that the entire edifice of the assessment order framed by Respondent No.1 was actually voluntary computation of income filed by the Petitioner to buy peace and avoid litigation, which fact has been duly noted and accepted in the assessment order as well and consequently, there is no question of any ..... X X X X Extracts X X X X X X X X Extracts X X X X
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