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TMI Blog2025 (5) TMI 339X X X X Extracts X X X X X X X X Extracts X X X X ..... fore we have decided to take up all the grounds together and to adjudicate the same through the present consolidated order. 3. As per the facts of the case, the assessee filed her return of income for the year under consideration declares total income. Later on the case was selected for scrutiny and assessment order was passed u/s 143(3) of the Act, whereby total income was determined after making following additions: a. Disallowance of deduction claimed u/s 80GGC b. Disallowance of Professional & Legal fee c. Disallowance of receipts from Toyota d. Disallowance of personal expenses. 4. On appeal Ld. CIT(A) uphold the addition made on the issue of personal expenses and deleted the additions made on account of disallowance of deduc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1,04,19,660/- Subsequently, the case was selected for scrutiny under CASS and notices were issued to the assessee u/s 142(1). The assessment u/s 143(3) of the Act, was completed on 27.03.2014 determining the total income at Rs 3,39,70, 135/-, after making the following additions to the returned income: Disallowance of Rs. 10,50,000/- u/s 80GGC Professional and Legal expenses of Rs. 2,10,30,000/- Rs. 1,000/-on account of undisclosed income being receipt from Toyota Lakozy Pvt. Ltd: iv. Personal expenses on account of travelling expenses and conference expenses of Rs. 14,69,475/- 3. The assessee being aggrieved by the impugned order passed by the Assessing officer filed an appeal against the order passed by the assessing off ice u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction u/s 80GGC back to the assessing officer and directed the assessing officer to decide on the issue after examining the documents on record and after affording an opportunity of hearing to the assessee. Subsequently, notices pursuant to sections 143(2) and 142(1) of the Act were issued to the assessee, which were duly complied to by the assessee. The Assessing Officer passed on order u/s 143(3) rw.s 254 dated 18.12.2019, disallowing the deduction of Rs. 10,50,000/- u/s 80GGC and in alternate u/s 37, consequently appending the said sum to the assessable income of the assessee. 7. In the said order dated 18.12.2019, the penalty proceeding kept in abeyance were revived by virtue of provisions of section 275 of the Income Tax Act, 1961. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nses on account of travelling expenses and conference expenses of Rs. 14,69,475/-), thereby delineating reasons as to why a penalty is not to be imposed. Additionally, the submissions clarified that the case does not pertain to a scenario, wherein, the assessee concealed particulars of income or furnished inaccurate particulars of income. The copy of the said submission is place at pg no 63 to 90 of the paper-book for your honour's ready reference. 1. The Ld. Assessing Officer, after due application of mind on the nature of all the 4 disallowances as above, chose to levy penalty only on one of the issues, thereby holding that regarding remaining 3 issues, there is no case of furnishing of inaccurate particulars of income. Now, if the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e particulars of income in respect of claim of deduction u/s 80GGC, claim of deduction on professional and legal fee expenses, receipts from Toyota & Lakozy P. Ltd and with regard to personal expenses. Even while passing the order u/s 143(3) r.w.s 254 dated 18.12.2019 it was specifically that penalty proceedings u/s 271(1)(c) of the IT Act initiated dated 27/03/2014 which were kept in abeyance till the disposal of the appeal by Hon'ble Tribunal by the then AO was revived by virtue of provisions of section 275 of the IT Act, 1961. Accordingly, penalty proceedings u/s 271(1)(c) were taken afresh with respect to additions viz. Professional & Legal Fees 2) Receipt from Toyota Lakozy Pvt. Ltd.) Personal expenses separately for each issue for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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