TaxTMI 
TaxTMI 
2025 (1) TMI 907
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....e are that, a search and seizure action u/s 132 of the Income Tax, 1961 carried out at the premises of the Assessee on 14/06/2019 and 15/06/2019. Consequent to the said search and seizure, the assessment proceedings have been initiated and the assessment orders came to be passed u/s 153A r.w. Section 143(3) of the Act for the Assessment Years 2017-18 to 2020-21 by disallowing the business expenditure. The details of the same are as under:- Particulars ITR u/s 139(1) Additional Income in ITR u/s 153A ITR u/s 153A Disallowance of Donation Income assessed AY 2017-18 3,63,55,710 2,25,05,980 5,88,61,690 12,000 5,88,73,690 AY 2018- 19 6,35,69,500 53,34,050 6,89,03,550 3,62,470 6,92,66,020 A....
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.... the case, the learned CIT(A) has erred both on facts and in law in confirming the penalty on the amount of Rs. 2,25,05,980/- despite the fact that the alleged amount has already been declared by the assessee in the return of income filed in response to notice under section 153A of the Act and the same was accepted by the AO in the assessment order passed under section 153A of the Act and no adverse inference or variation has been made by the AO in the amount disclosed by the assessee. 4. (i) On the facts and circumstances of the case, the learned CIT(A) has erred both on facts and in law in confirming the penalty on the disallowance of donation amounting to Rs. 12,000/- made by the AO while computing the assessed income of the ass....
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....onfirming the penalty levied despite the fact that the notice issued by AO under section 270A read with section 274 of the Act does not specify the charge mentioned under specified clauses of section 270A(9) of the Act. 9. On the facts and circumstances of the case, the learned CIT(A) has erred both on facts and in law in confirming the penalty despite the fact that there is neither misreporting of income nor under-reporting of income. 10. On the facts and circumstances of the case the learned CIT (A) has erred both on facts and in law in confirming the penalty levied by the AO ignoring the contention of the assessee that the penalty proceedings are independent proceedings, as such mere addition/disallowance does not lead ....
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....e of Prem Brothers Infrastructure LLP vs NFAC reported in 288 Taxman 768 (Del) * ITAT Mumbai in the case of Saltwater Studio LLP Vs. NFAC, 2023 (6) TMI 430, dated 22.05.2023 * Rajasthan High Court in the case of G.R. Infraprojects Limited Vs. ACIT, PCCIT, CBDT 2024 (1) TMI 163, dated 02.01.2023 * ITAT Pune in the case of Kishor Digambar Patil Vs. ITD, 2023 (3) TMI 1472, dated 30.03.2023 * ITAT Pune in the case of Shri Shivaji Dattatray Sonawan Vs. ITO, 2024 (3) TMI 1097, dated 02.02.2024 * ITAT Pune in the case of Deepak Bhika Suryawanshi Vs. ITO, Nashik, 2024 (6) TMI 985 dated 19.06.2024 * ITAT Pune in the case of Sagar Subhash Wedhane Vs. ITO, Nashik, 2024 (7) TMI 398, dated 03.07.2024....
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....bsence of such particulars, the mere reference to the word "misreporting" by the Respondents in the assessment order to deny immunity from imposition of penalty and prosecution makes the impugned order manifestly arbitrary. The relevant portion of the Judgment are as under:- "7. This Court also finds that there is not even a whisper as to which limb of Section 270A of the Act it attracted and how the ingredient of sub-section (9) of Section 270A is satisfied. In the absence of such particulars, the mere reference to the word "misreporting" by the Respondents in the assessment order to deny immunity from imposition of penalty and prosecution makes the impugned order manifestly arbitrary. 8. This Court is of the opinion that....