Ambrish Kumar v. Commissioner Income-tax - 2017-LL-0427

Citation	2017-LL-0427
Appellant Name	Ambrish Kumar
Respondent Name	Commissioner Income-tax
Court	HIGH COURT OF ALLAHABAD
Relevant Act	Income-tax
Date of Order	27/04/2017
Assessment Year	1997-98
Judgment	View Judgment
Keyword Tags	imposition of penalty • question of law • borrowal of money • borrowing funds • furnishing of inaccurate particular
Bot Summary:	The assessee-appellant has preferred this appeal against the order of the Income Tax Appellate Tribunal dated 3rd March, 2008 in respect of the assessment year 1997-98. The only question, which has been raised in this appeal is whether on the facts and circumstances of the case, the Income Tax Appellate Tribunal was right in upholding the imposition of penalty on the basis of findings arrived in quantum appeal. It appears that the appellant in the relevant year had disclosed borrowing of Rs.1,00,000/- and Rs.50,000/- from his brother-in-law and sister-in-law respectively. In view of the above quantum assessment order, penalty proceedings were drawn and on account of the fact that the appellant had furnished inaccurate particulars of his income, the penalty was imposed. The Tribunal, upholding the reasoning for imposing the penalty, has reduced the penalty amount to the minimum. In view of the fact that the appellant has actually furnished inaccurate particulars of his income, the provision of Section 271(1)(c) of the Income Tax Act gets attracted for the imposition of penalty and as such, the Tribunal is not in error in passing the impugned order. The question of law is answered against the assessee.

Court No. - 9 Case :- INCOME TAX APPEAL No. - 171 of 2008 Appellant :- Ambrish Kumar Respondent :- Commissioner Income Tax Counsel for Appellant :- Suyash Agrawal Counsel for Respondent :- Ashok Kumar,Gaurav Mahajan Hon'ble Pankaj Mithal,J. Hon'ble Vinod Kumar Misra,J. Heard Sri Suyash Agarwal and Sri Gaurav Mahajan, learned counsel for parties. assessee-appellant has preferred this appeal against order of Income Tax Appellate Tribunal dated 3rd March, 2008 in respect of assessment year 1997-98. only question, which has been raised in this appeal is whether on facts and circumstances of case, Income Tax Appellate Tribunal was right in upholding imposition of penalty on basis of findings arrived in quantum appeal. It appears that appellant in relevant year had disclosed borrowing of Rs.1,00,000/- and Rs.50,000/- from his brother-in-law and sister-in-law respectively. In quantum proceedings, this claim of borrowing was not accepted by Assessing Officer and up to High Court. In view of above quantum assessment order, penalty proceedings were drawn and on account of fact that appellant had furnished inaccurate particulars of his income, penalty was imposed. Tribunal, upholding reasoning for imposing penalty, has reduced penalty amount to minimum. In view of fact that appellant has actually furnished inaccurate particulars of his income, provision of Section 271(1)(c) of Income Tax Act gets attracted for imposition of penalty and as such, Tribunal is not in error in passing impugned order. question of law is answered against assessee. appeal stands dismissed. Order Date :- 27.4.2017 Nadim Ambrish Kumar v. Commissioner Income-tax

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