2021 (4) TMI 860

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.... referred as "ld. CIT(A)" dated 08.12.2004, which in turn arise against the penalty levied by assessing officer under section 271(1)(c) for A.Y. 1988-89 and 1989-90. Other remaining two appeals in ITA(s) No, 2141 & 2142 are directed against the order of ld. CIT(A)-1, Surat dated 12.06.2013 and 27.05.2013 for similar assessment years. 2. Brief back ground history of the cases is that initially, the assessee challenged the common order of ld. CIT(A) dated 08.12.2004 for AY 1988-89 & 1989-90, in appeal in ITA's No.293 & 294/AHD/2005. The assessee assailed the order of ld. CIT(A) by raising two substantial grounds of appeal; (i) that ld CIT(A) erred in confirming penalty of Rs. 2,47,900/-, when there was no concealment of income and (ii) in ....

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....e challenged the order dated 05.12.2012 before ld. CIT(A), which was dismissed vide order dated 12.06.2012( AY 1988-89). Similar appeal for AY 1989-90 was dismissed by ld CIT(A) in order dated 27.05.2013. The assessee has challenged the order dated 12.06.2013 and 27.05.2013 in ITA No. 2141 & 2142/AHD/ respectively. 3. Thereafter, the assessee filed Miscellaneous Applications (M.A.) No.231 & 232/ AHD/2012 for fixing the appeals in ITA No. 293 & 294/AHD/2005 for adjudication of ground No.1. The M.A. No.231/Ahd/2012 and 232/Ahd/2012 were allowed vide detailed order dated 08.01.2021 and accordingly both the appeals were fixed for hearing for adjudication of appeal of Ground No.1. 4. While passing the order of M.A.(s) on 08.01.2021, thi....

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....ixed for hearing afresh on ground No.1 for both the assessment years. 6. We have noted that facts for both the years, leading to levy of penalty are identical, except for variations of figure of amount of penalty levied under section 271(1)(c), the ld CIT(A) while passed common order for both assessment years, therefore , with the consent of parties the appeal in ITA No.293/AHD/2005 for A.Y. 1988-89 is treated as lead case. ITA No.293/Ahd/2005 for A.Y. 1988-89: 7. At the outset of hearing, the Ld. AR of the assessee submits that though the assessee has raised two separate sets of appeal for both the assessment years i.e. 1988-89 and 1989-90. The Ld. AR for the assessee further submits that in case his points of submissions are acce....

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....that the assessing officer rejected the books of accounts of the assessee and made fair addition @ 10% of GP, though, it was restricted by Tribunal to 5% of GP, thus, the assessee is liable to saddle with the penalty on such additions and the matter may be restore to the assessing officer for passing order afresh. 10. We have considered the rival submission of both the parties and have gone through the order of Lower Authorities. We have also deliberated on various case laws relied by the ld. AR for the assessee. We have also perused the contents of the order of Tribunal in quantum assessment appeals in ITA No(s). 186 & 187/Ahd/1998 dated 08.03.2004, the order of Tribunal dated 01.04.2005 and the order passed by Hon'ble Apex Court dated ....