Tejas Ghanshyambhai Patel Vs ITO (ITAT Ahmedabad)
Assessee, a proprietor who sold an immovable property as co-owner & received ₹1.8 Cr (30% share), claimed deduction u/s 54EC (₹50L) & u/s 54F (₹36.27L). The return was filed belatedly (24-03-2017) & revised belatedly. AO denied both deductions & added ₹86.27L, thereafter levied penalty u/s 271(1)(c) for furnishing inaccurate particulars.
In quantum appeal, CIT(A) accepted that the investments were mostly within the allowed timeline (till 31-07-2016) & directed AO to proportionately allow deduction u/s 54EC/54F. Thus, the very basis of addition was partially removed. However, penalty proceedings continued ex parte & minimum penalty of ₹1,70,414 was sustained by CIT(A).
Before ITAT, Assessee argued that belated return u/s 139(4) does not disqualify deduction, relying on Jignesh Jaysukhlal Ghiya (ITAT Ahmedabad, 07-08-2024). Therefore, there was no concealment or furnishing of inaccurate particulars.
ITAT held:
- Since CIT(A) in quantum appeal allowed deductions proportionately, there was no concealment of income.
- Filing belated return within 139(4) does not deny deduction, as held in Jignesh Jaysukhlal Ghiya.
- Penalty was levied only because Assessee did not appear, not because of any deliberate concealment.
- There was no concealment or furnishing of inaccurate particulars, hence penalty u/s 271(1)(c) deleted.
FULL TEXT OF THE ORDER OF ITAT AHMEDABAD
Want to Read the Complete Judgment?
You have read the free case summary. Unlock the full judgment, the detailed judicial reasoning and the downloadable PDF, along with every other premium judgment on TaxGuru.
Already subscribed? Log in
One subscription covers the entire premium judgment library, not just this case.






