Bhavin Mahendra Dagli v. ACIT, Circle-2,Bhavnagar
[Citation -2016-LL-1020-39]

Citation 2016-LL-1020-39
Appellant Name Bhavin Mahendra Dagli
Respondent Name ACIT, Circle-2,Bhavnagar
Court ITAT-Ahmedabad
Relevant Act Income-tax
Date of Order 20/10/2016
Assessment Year 2007-08
Judgment View Judgment
Keyword Tags accrued interest • interest income • imposition of penalty
Bot Summary: The assessment was completed by making following additions/disallowances:- Sr. No. Nature of addition Amount 1 On account of NSC Maturity 1,14,072/- 2 On account of interest income on 4,07,238/- various S/B account including FDR 3 On account of accrued interest on 12,18,981/- HDFC Bank 4 On account of accrued interest income 4,84,734/- in view of provisions u/s. 64(ii) 5 On account of interest income 19,22,500/- 6 On account of unexplained credits in 34,323/- the various bank accounts. CIT(A) gave following relief the assessee:- Sr. No. Nature of addition Amount 1 On account of NSC Maturity 60,000/- 2 On account of interest income on 3,24,934/- various S/B account 3 On account of accrued interest on 10,40,000/- HDFC Bonds 4 On account of accrued interest income 4,84,734/- u/s. Counsel for the assessee vehemently stated that the levy of penalty is unjustified as neither the assessee has filed inaccurate particulars of income nor he has concealed any income. A perusal of the order of the First Appellate Authority in quantum proceedings shows that interest on NSC Rs. 54,072/- was neither shown by the assessee on maturity of NSC nor an accrual basis. Similarly interest on Savings account of Rs. 64,304/- was admitted by the assessee as not shown in the return of income. So far as the interest addition on HDFC Bonds amounting to Rs. 21,32,840/- is concerned, we find that the assessee had computed the simple rate of interest instead of compound rate of interest.


IN INCOME TAX APPELLATE TRIBUNAL AHMEDABAD SMC BENCH (BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER & SHRI S. S. GODARA, JUDICIAL MEMBER) ITA. No: 2574/AHD/2013 (Assessment Year: 2007-08) Shri Bhavin Mahendra V/S ACIT, Circle-2,Bhavnagar Dagli 509, Kahan Jyot, Opp: Digmber Jain Mandir, Songadh, Bhavnagar-364250 (Appellant) (Respondent) PAN: ADYPD0074C Appellant by : Shri P. M. Mehta, A.R. Respondent by: Shri Pradipkumar Majumdar, Sr. D.R. ORDER Date of hearing : 17 -10-2016 Date of Pronouncement : 20 -10-2016 PER N.K. BILLAIYA, ACCOUNTANT MEMBER: 1. This appeal by Assessee is preferred against order of Ld. CIT(A)-I, Ahmedabad dated 20.09.2013 pertaining to A.Y. 2007-08. 2 ITA No. 2574/Ahd/2013 . A.Y. 2007-08 2. sole grievance of assessee relates to levy of penalty u/s. 271(1)(c) of Act. 3. roots for levy of penalty lie in assessment order dated 31.12.2009 made u/s. 143(3) of Act. assessment was completed by making following additions/disallowances:- Sr. No. Nature of addition Amount (Rs.) 1 On account of NSC Maturity 1,14,072/- 2 On account of interest income on 4,07,238/- various S/B account including FDR 3 On account of accrued interest on 12,18,981/- HDFC Bank 4 On account of accrued interest income 4,84,734/- in view of provisions u/s. 64(ii) 5 On account of interest income 19,22,500/- 6 On account of unexplained credits in 34,323/- various bank accounts. 4. quantum additions were agitated before First Appellate Authority and ld. CIT(A) gave following relief assessee:- Sr. No. Nature of addition Amount (Rs.) 1 On account of NSC Maturity 60,000/- 2 On account of interest income on 3,24,934/- various S/B account 3 On account of accrued interest on 10,40,000/- HDFC Bonds 4 On account of accrued interest income 4,84,734/- u/s. 64(ii) 5 On account of interest income 19,22,500/- 3 ITA No. 2574/Ahd/2013 . A.Y. 2007-08 5. Taking leaf out of findings of First Appellate Authority, A.O. levied penalty u/s. 271(1)(c) of Act at Rs. 1,11,640/-. 6. Aggrieved by this, assessee carried matter before ld. CIT(A) but without any success. 7. Before us, ld. counsel for assessee vehemently stated that levy of penalty is unjustified as neither assessee has filed inaccurate particulars of income nor he has concealed any income. Per contra, ld. D.R. strongly supported findings of revenue authorities. 8. We have given thoughtful consideration to orders of authorities below. perusal of order of First Appellate Authority in quantum proceedings shows that interest on NSC Rs. 54,072/- was neither shown by assessee on maturity of NSC nor accrual basis. Similarly interest on Savings account of Rs. 64,304/- was admitted by assessee as not shown in return of income. To this extent, levy of penalty is justified. A.O. is directed to re-compute penalty on addition of Rs. 1,18,376/-. 9. So far as interest addition on HDFC Bonds amounting to Rs. 21,32,840/- is concerned, we find that assessee had computed simple rate of interest instead of compound rate of interest. This may be considered as inadvertent mistake and levy of penalty is not justified. We, accordingly, 4 ITA No. 2574/Ahd/2013 . A.Y. 2007-08 modify findings of ld. CIT(A) and direct A.O. to restrict penalty to addition of Rs. 1,18,376/-. 10.In result, appeal filed by Assessee is partly allowed. Order pronounced in Open Court on 20 - 10- 2016. Sd/- Sd/- (S.S. GODARA) (N. K. BILLAIYA) JUDICIAL MEMBER ACCOUNTANT MEMBER Ahmedabad: True Copy Rajesh Copy of Order forwarded to:- 1. Appellant. 2. Respondent. 3. CIT (Appeals) 4. CIT concerned. 5. DR., ITAT, Ahmedabad. 6. Guard File. By ORDER Deputy/Asstt.Registrar ITAT,Ahmedabad Bhavin Mahendra Dagli v. ACIT, Circle-2,Bhavnagar
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