2020 (4) TMI 322

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....6.2017 framed by ITO-2(3) Indore. 2. Assessee has raised following grounds of appeal; "1. That the Ld. CIT(A) has erred in confirming the penalty u/s 271(1)(c) of Rs. 28,500/- wherein the notice of imposing penalty. The Ld. Assessing Officer was not sure about the exact charge for imposing penalty whether for concealment of income or filing of inaccurate particulars of income which is quite unjust, illegal, and against the facts of the cases. 2. The Ld. CIT(A) has erred in confirming penalty of Rs. 28,500/- u/s 271(1)(C) on addition u/s 68, although all the documents relevant identity, genuineness and creditworthiness of the donor was filed before Learned Assessing Officer, which is quite, unjust, illegal and against th....

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....n an affidavit accepting the transactions. PAN No. of Pinki Bhatia i.e. donor and his bank statement was also filed which is sufficient to prove the identity, genuineness and creditworthiness of the donor, Smt. Pink Bhatia. 7. Per contra, Ld. Departmental Representative (DR) vehemently argued supporting the orders of lower authorities. 8. We have heard rival contentions and perused the records placed before us. The assessee has challenged the levy of penalty u/s 271(1)(c) of the Act at Rs. 28,500/- raising legal issue as well as on merits. As far as, the legal issue is concerned which is admitted, in view of the judgment of Hon'ble Apex Court in the case of National Thermal Power Co. Ltd.(supra) wherein the assessee has challen....

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....nder section 139(1) or by a notice given under section 139(2)/148 of the Income-Tax Act, 1961, No , Dated , or have without reasonable cause failed to furnish it within the time allowed and in the manner required by the said section 139(1) or by such notice. X *have without reasonable cause failed to comply with a notice under section 22(4)/23(2) of the India Income-Tax Act, 1922, or under section 142(1)/143(2) of the Income-Tax Act, 1961 No , Dated \I '*have concealed the particulars of your income or .......... , furnished inaccurate particulars of such income. You are hereby requested to appear before me at 1.00 P.M. on 17.01.2017 and show cause why an order imposing a penalty on you should not be made unde....