2023 (9) TMI 480

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....d by the Assessee against order dated 16.03.2023 passed by the CIT(A), National Faceless Appeal Centre (NFAC), Delhi for the Assessment Year 2013-14. 2. The Assessee has raised the following ground of appeal :- "1. The Learned CIT(A) grossly erred in law and on facts of the case in passing the order u/s. 250 of the IT. Act dated 16/03/2023 confirming the penalty of INR 1,92,000/- for A....

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.... grossly erred in law and on facts of the case in passing the impugned order and levying penalty with respect to disallowance of cost of improvement of INR 1,87,234/- (being 90% disallowance of AUDA charges i.e., Rs. 2,08,037) on his own assumption and whim that the total expenses should have borne by all co-owners of the property and ignoring the general business module in the case. 5. T....

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....ng total income at Rs. 9,93,733/-. The assessment was completed under Section 143(3) of the Income Tax Act, 1961 vide order dated 25.02.2016 determining total income of Rs. 11,80,970/-. During the assessment proceedings the Assessing Officer noticed that the assessee had claimed expenses relating to AUDA to the tune of Rs. 2,08,037/- which was related to the entire land and, therefore, the Assessi....

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....ssee for the present appeal before the Tribunal (ITAT). 6. The Ld. DR relied upon the Assessment Order, Penalty Order and the order of the CIT(A). 7. Heard the Ld. DR and perused all the relevant material available on record. The assessee while computing the income and filing revised income was under bonafide mistake/bonafide belief that the assessee can claim the entire charges of amount pa....