Hemant V. More Vs. ACIT Central Circle- 3

Parties Involved

Facts Summary

The assessee, a dentist, filed an original return of income on 12/11/2017 declaring a total income of Rs.27,27,480/-. The return was later revised on 31/03/2018 to a total income of Rs.25,53,650/-. The return was selected for scrutiny under CASS, and the scrutiny assessment was completed on 16/12/2019, determining the total income at Rs.93,52,450/-. A survey operation was carried out on 21/02/2019, and the case was selected for compulsory scrutiny. The final assessment was completed on 09/02/2021, determining the total income at Rs.03,00,51,395/-. A penalty of Rs.13,90,000/- was imposed on 06/12/2021. The assessee filed an appeal against the penalty order, which was dismissed by the Ld. CIT(A) for non-payment of taxes and delay in filing the appeal. The assessee then filed an appeal before the Tribunal, which was delayed by 21 days due to the COVID-19 pandemic.…

Legal Issues

• 1. The learned officer failed to see that there is no intentional hiding of facts.
• 2. The learned AO and CIT(A) ignored material already before them.
• 3. The learned AO and CIT(A) did not offer the opportunity to the assessee.
• 4. The learned AO and CIT(A) passed the order in hurry without application of mind.

Judgment Outcome

Decided in favour of Assessee.

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