| Question And Answer | |
|---|---|
| Subject: | Penalty Appeal before ITAT by Department |
| Category: | Income-Tax |
| Querist: | GOVIND AGRAWAL |
| Answered by: | Research Team |
| Tags: | Concealment penalty, investment, penalty |
| Date: | August 30, 2021 |
In the aforesaid query the addition was made on account of investment in construction of house and the assessment was completed u/s 143(3)/147
One has to read the assessment order . If the addition is based on the estimate basis concealment penalty cannot be levied . The assessee can rely on the judgement in CIT v. Reliance Petroproducts ( P) Ltd ( 2010 ) 322 ITR 158 ( SC) . The assessee may also refer the penalty notice in Mohd. Farhan A. Shaikh v. ACIT ( 2021 ) 434 ITR 1/ 125 taxmann.com 253 (Panji ) ( FB ) Bom) (HC) www.itatonline.org the Court held that , non-striking off of the irrelevant part while issuing notice under section 271(1)(c) of the Income-tax Act, order is bad in law . Assessee must be informed of the grounds of the penalty proceedings only through statutory notice.