2019 (6) TMI 466

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.... For the Appellant : Shri Hasmukh V.Doshi, AR For the Respondent : Shri Mudit Nagpal, Sr.DR ORDER PER PRADIP KUMAR KEDIA - AM: The captioned appeal has been filed at the instance of the Assessee against the order of the Commissioner of Income Tax(Appeals)- Gandhinagar,Ahmedabad [CIT(A) in short] dated 02/05/2017 in the matter of assessment order under s.143(3) of the Income Tax Act, 1....

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....unts qua entries reflected in Form No.26 AS that the anomaly in the return was detected. The Ld.AR contended that the assessee did not contest the mistake at all and readily paid the taxes by way of self assessment tax. The Ld.AR also attempted to prop up its case of bonafide mistake on the premise that assessee has declared total income of Rs. 1,94,11,240/- and paid taxes thereon as a civil contr....

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....me only from system generated Form 26AS. It was pointed out that there was no willful submission of false return with tested on the touchstone of preponderance of probabilities. It is submitted on behalf of the assessee that it is large taxpayer alleged and concealments is disproportionately miniscule which is an indicator that it is a bonafide error. We find merit in the circumstances narrated on....

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....rom the very Department which issued the refund and which would be making the assessee's assessment. Such brazen behaviour on the part of the assessee or of any assessee for that matter, cannot at all be ordinarily postulated. It is only on verification of records generated from Income Tax site that the information towards interest component has come to the fore. Failure of the assessee to look in....