2024 (4) TMI 136

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....: Shri Sourabh Nayak - Addl.CIT(DR) ORDER PER DR. DIPAK P. RIPOTE, AM: This is an appeal filed by the assessee against the order of ld.CIT(A)[NFAC] for A.Y.2017-18 dated 02.09.2022 under section 250 of the Income Tax Act, 1961, emanating from penalty order under section 270A of the Act, dated 30.12.2021. The assessee raised the following grounds of appeal : "1. The learned CIT-(A) erred in co....

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....sessee by filing incorrect ITRs and this fact was also substantiated by police complaints filed against the said tax consultant subsequently and therefore, the levy of penalty u/s 270A was also not justified on merits. 4. The appellant craves leave to add/ alter/ amend any of the grounds of appeal." Submission of ld.AR : 2. The ld.Authorised Representative(ld.AR) for the assessee invited our a....

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.... order dated 04.09.2021 passed under section 147 r.w.s 144 of the Act the AO has disallowed the assessee's claim of deduction under section 24 of Rs. 2,00,000/- and Chapter-VIA deduction of Rs. 3,52,000/- as false claims. No other addition is made in the assessment order. However, in the penalty order, the AO has invoked section 270A(9)(e) of the Act for levying penalty. The Section 270A(9)(e) is ....

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.... books of account having a bearing on total income; and" 4.1 Thus, Sub-section 9(e) is for failure to record any receipt in books of accounts. However, in the case of the assessee, there is no such failure to record any receipt in the books of assessee. The addition is on account of disallowance of certain deductions claimed under Chapter-VIA and Section 24 of the Act. Therefore, AO has levied pe....