Devendra Kumar Dubey Vs ITO (ITAT Agra)
The Income Tax Appellate Tribunal (ITAT) Agra has remanded the case of Devendra Kumar Dubey vs. ITO concerning a ₹34,803 penalty imposed under Section 271(1)(c) for alleged concealment of income. The penalty originated from an addition of ₹2,61,740, deemed unexplained investment, made during assessment under Section 144 due to the assessee’s non-compliance with notices. The CIT(A) upheld the penalty without considering additional evidence. However, ITAT had earlier set aside the quantum addition and directed a fresh review by CIT(A). The assessee contended that the penalty decision should align with the reassessment of quantum additions.
Observing procedural lapses, ITAT ruled that the penalty appeal should also be reconsidered in light of the fresh adjudication of quantum additions. The Tribunal restored the case to CIT(A), instructing a fair hearing with consideration of new evidence. The appeal was allowed for statistical purposes, emphasizing adherence to principles of natural justice.
FULL TEXT OF THE ORDER OF ITAT AGRA
This appeal in ITA No.50 /Agr/2023 for the assessment year 2015-16 has arisen from the appellate order dated 10.02.2023(DIN& Order No. ITBA/NFAC/S/250/2022-23/1049623622(1)) passed by learned Commissioner of Income-tax(Appeals), NFAC, Delhi wherein ld. CIT(Appeals) has confirmed the penalty of Rs.34,803/- as levied by the Assessing Officer, which appeal before ld. CIT(A) has in turn arisen from the penalty order dated 15.11.2021 passed by Assessing Officer u/s. 271(1)(c) of the Income-tax Act, 1961(DIN ITBA/PNL/F/271(1)(c)/2021-22/1036930973(1)), imposing penalty of Rs.34,803/- u/s 271(1)(c) of the 1961 Act against the assessee for concealment of his particulars of income.
