2022 (6) TMI 844

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... ACCOUNTANT MEMBER : The appeal by the assessee is directed against the order of the ld. CIT (Appeals)-1, Gurgaon pertaining to the assessment year 2015-16 wherein penalty levied under section 271(1)(c) of the Income-tax Act, 1961 (for short 'the Act') for an amount of Rs.59,19,590/- has been confirmed. 2. Brief facts of this case leading to levy of penalty are as under. During the assessmen....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... continuous of the case. Please find enclosed herewith the following reply information and documents for your kind perusal. 1. The assessee had deposited the amt in Capital Cain Account Scheme INR.2.90 Cr. & 6.50 cr. (6.30 cr +2.0 cr) = 9.4 cr and the assessee total investment before 31-08-2015 with capital gain a/c scheme was Rs.16,49,61,000.00 and the long term capital gain chargeable t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e to be visited through rigorous of penalty. AO held that when assessee was completely cornered by the AO he had no option to offer the said LTCG for taxation. Concluding portion of the penalty order reads as under :- "On consideration of overall factual matrix of this case, I am of considered view that the conduct of the assessee is not at all bonafide and explanations offered by him is ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... 4. Before the ld. CIT (A), assessee stated that assessee has earlier filed a wrong computation/defective computation on the advice of counsel at that time. Thereafter, assessee had corrected the defect to a great extent and the balance surrender so made was voluntary and no concealment of income was there. However, ld. CIT (A) rejected the same by observing that even after being pointed out Shri....