Penalty not imposable merely for Addition to Income during Assessment

Bhikhabhai Ambalal Patel Vs ITO (ITAT Ahmedabad)

Ld. AR submitted that mere existence of addition during the assessment proceedings does not attract provisions of Section 271(1)(c) of the Act.

In the present case, the CIT(A) has not pointed out as to on what basis the penalty was imposed. In fact, notice under Section 274 read with Section 271(1)(c) of the Act has also not revealed the proper limb of invocation of Section 271(1)(c) penalty. Besides, the additions made by the Assessing Officer does not contemplate that there is concealment of income or filing of inaccurate particulars of income on the part of the assessee. Therefore, the penalty does not survive.

FULL TEXT OF THE ORDER OF ITAT AHMEDABAD

These are appeals filed by two different assessees against two different orders dated 04.08.2017 & 05.09.2017 passed by the CIT(A), Gandhinagar, Ahmedabad for the Assessment Years 2008-09 & 2013-14 respectively.

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