PCIT v. Dinesh Chandra Jain (2019) CTCJ-October-P. 81 (All.) (HC)

S. 271(1)(c) : Penalty–Concealment–Gift received by minor son-Addition confirmed on the ground of human probabilities-Levy of penalty is held to be not valid. [S. 153A]

The AO has doubted the gift on the ground of human probabilities. The addition made by the AO is confirmed by the CIT(A) and Tribunal. In appeal penalty appeal the Tribunal deleted the penalty levied by the AO. On appeal by the revenue the Court held that, the Tribunal had recorded the finding regarding the identity of creditors, their creditworthiness and genuineness of the transactions however the addition was confirmed on the ground of human probabilities. Accordingly the Court held that it was not a case of either concealment of income or of furnishing in accurate particulars and neither the AO nor the first appellate authority recorded any finding to such effect that the details furnished by the assessee to be incorrect erroneous or false. Accordingly the order of Tribunal the deleting the penalty is affirmed. (ITA No. 276 /277/197 to 200 of 2015  dt. 26-08-2019)