MANU/ID/0128/2023

IN THE ITAT, NEW DELHI BENCH, NEW DELHI

ITA No. 6538/Del/2019

Assessment Year: 2006-2007

Decided On: 25.01.2023

Appellants: Gajender Singh Jadon Vs. Respondent: ACIT, Circle-57(5)

Hon'ble Judges/Coram:
Shamim Yahya, Member (A) and Astha Chandra

ORDER

Astha Chandra, Member (J)

1. The appeal by the assessee is directed against the order dated 30.04.2019 of the Ld. Commissioner of Income Tax (Appeals)-19, New Delhi ("CIT(A)") pertaining to Assessment Year ("AY") 2006-07.

2. The assessee has taken the following grounds of appeal:

"1. That the order under section 250 of the Act dated 30th April 2019 passed by the Commissioner of Income Tax (Appeals) -19 ["Ld. CIT(A)"] is erroneous and bad in law.

2. That the Ld. CIT(A) has erred in confirming the penalty u/s. 271(1)(c) of the Act of Rs. 4,36,060/- levied on the assessee without considering and appreciating the facts and circumstances of the case and without appreciating that the Appellant had not receive the notice of hearing.

3. That in law and under the facts and circumstances of the case, the impugned order passed by the Income Tax Officer, Ward - 57(5), New Delhi ("Ld. AO") under section 144/147 of the Act is without jurisdiction and thus void ab initio.

4. That in law and under the facts and circumstances of the case, the Ld. A.O. erred in making an addition of Rs. 14,62,150/- as undisclosed income under section 68 of the Act.

5. That in the absence of specific charge pointing out in the notice, the said notice is vague and consequently the levy of penalty u/s. 271(1)(c) of Rs. 4,36,060/- is arbitrary, unjust and illegal.

6. That in the absence of specific charge pointing out in the notice as well as in Assessment order, the levy of penalty u/s. 271(1)(c) of Rs. 4,36,060/- is arbitrary, unjust and illegal.

7. That in the absence of specific charge pointing out in the Penalty order dated 28 March, 2017, the levy of penalty u/s. 271(1)(c) of Rs. 4,36,060/- is arbitrary, unjust and illegal.

8. That the levy of penalty is illegal, unjust and not in accordance with law as the mandatory requirements of Section 271(1)(c) of the Act have not been met in the instant case.

9. That in the absence of satisfaction in the assessment order if the assessee has furnished inaccurate particulars of income or has concealed particulars of his income, the levy of penalty by the Ld. AO under Section 271(1)(c) of the Act is arbitrary unjust and bad in law.

10. The Appellant craves for leave to add, amend, vary, omit or substitute any of the aforesaid grounds of appeal at any time before or at the time of hearing of the appeal.

11. That all the grounds are without prejudice to each other."

3. Briefly stated, the facts are that the Department received information that the assessee has deposited cash of Rs. 14,62,150/- in his savings bank account with Delhi Nagrik Sahkari Bank Ltd. Enquiry letter sent to the assessee was not complied with. The Ld. Assessing Officer ("AO"), after going through the legal formalities brought the said cash deposit to tax in his assessment order dated 24.01.2014 passed under section 144/147 of the Income Tax Act, 1961 (the "Act"). He initiated penalty proceedings under section 271(1)(c) of the Act.

4. The Ld. AO passed penalty order dated 28.03.2017 imposing penalty of Rs. 4,36,060/- under section 271(........