Shri Shardul Singh vs ITO, Ward-1, Jhunjhunu

Parties Involved

Facts Summary

The assessee, Shri Shardul Singh, a retired salaried person, filed an income return declaring income of Rs. 4,30,29/-. The Assessing Officer (AO) observed that the gross income was Rs. 11,41,896/- as per Form number 16. The case was reopened under section 147 of the Income Tax Act, and the assessee declared additional income of Rs. 4,64,410/-. The assessee claimed a deduction under section 80DD of the Act amounting to Rs. 1,25,000/- but could not substantiate it with documentary evidence. The assessment was completed under section 143(3) read with section 147, and penalty proceedings were initiated under section 271(1)© of the Income Tax Act for furnishing inaccurate particulars, imposing a penalty of Rs. 2,53,160/-. The assessee appealed against the penalty imposition.…

Legal Issues

• 1. The AO denied lawful deduction u/s 80DD despite submission of necessary documents.
• 2. The AO made additions in declared income against the provision of law and pressured the assessee to revise the return.
• 3. The AO imposed an unlawful demand of Rs. 42900/- before passing the order u/s 271 (1) (c).
• 4. The AO imposed penalty u/s 271 (1)(c) without establishing concealment of income.
• 5. The AO did not consider the submitted decisions of relevant courts furnished by the assessee in his favor.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

Similar Judgements

• G.D. Goenka Pvt. Ltd. vs. ACIT, Central Circle-15

  Delhi Bench benchAY 2016-17, 2017-18 & 2018-19Allowed

• Vijayalaxmi Cashew Company vs. ACIT, Circle - 1

  Cochin bench

• MRS. MANJU DEVI AGARWAL VS ITO,WARD 6(2), JAIPUR

  Jaipur bench

• Mr. Prasanna Kantilal Mehta vs. The DCIT, Central Circle

  Pune bench

• The Hisar Leading Bank Co-op Non-Agri Thrift & Credit Society vs ITO, Ward 1, Hisar

  Delhi Bench ‘E’, New Delhi benchAY 2014-15Allowed

• Rohan Promoters Pvt. Ltd. vs. Income Tax Officer, Ward 21(3), New Delhi

  Delhi Bench benchAY 2006-07Dismissed