Tribunal cancels penalty for unclear violation notice, confirms income additions.

The Tribunal canceled the penalty of &8377; 5,69,730/- u/s.271(1)(c) for the assessment year 2010-11, as the penalty notice did not specify the nature of the violation. However, the additions as speculation income and agricultural income were confirmed, dismissing the appeal challenging these additions.

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Issues:
1. Confirmation of levy of penalty u/s.271(1)(c) for the assessment year 2010-11.
2. Confirmation of addition as speculation income, income from mutual fund, and agricultural income for the assessment year 2010-11.

Issue 1: Confirmation of levy of penalty u/s.271(1)(c)
The Appellate Tribunal considered the appeal filed by the assessee against the order of CIT(A) confirming the penalty of &8377; 5,69,730/- u/s.271(1)(c) of the Act. The assessee argued that the penalty notice did not specify whether it was for furnishing inaccurate particulars or for concealment of income. Citing a Supreme Court judgment, the assessee contended that this omission rendered the penalty order liable for cancellation. The Departmental Representative did not challenge this submission. The Tribunal noted that the facts were undisputed, and the penalty was imposed without specifying the nature of the violation. Relying on the Supreme Court decision, the Tribunal canceled the penalty, allowing the ground of appeal of the assessee.

Issue 2: Confirmation of addition as speculation income, income from mutual fund, and agricultural income
In the assessment for the year 2010-11, the Assessing Officer treated the short term capital gain as speculation income due to same-day purchase and sale of shares without delivery. The CIT(A) upheld this treatment, categorizing the profits accordingly. The assessee contended that they were investors, not traders, and the gains should be short term capital gains. However, the Tribunal found that the assessee failed to provide evidence supporting their claim, and the nature of transactions indicated speculation income. Therefore, the CIT(A)'s decision was confirmed, and the appeal ground was dismissed. Regarding the addition of agricultural income, the Assessing Officer questioned the timing of sales in relation to the lease agreement for agricultural land. The CIT(A) affirmed the addition, considering the income unexplained. The Tribunal found no new evidence presented by the assessee to challenge the findings, leading to the confirmation of the CIT(A)'s decision and dismissal of the appeal ground.

In conclusion, the Tribunal allowed the appeal in ITA No.363/CTK/2015 concerning the penalty levy, canceling the penalty. However, the appeal in ITA No.364/CTK/2015 challenging the additions as speculation income and agricultural income was dismissed, upholding the decisions of the lower authorities.

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