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TMI Blog2013 (7) TMI 823X X X X Extracts X X X X X X X X Extracts X X X X ..... ld show that no enquiry was made with reference to the declaration filed u/s 273A of the Act by the assessee and no question was asked by the ITO as to the basis he is going to adopt for distributing the total income declared in the computation of income filed before CIT - Following decision of Balvantrai S Contractor v. ITO[2010 (11) TMI 855 - ITAT AHMEDABAD] - Decided in favor of assessee. - ITA No. 2124/Ahd/2010 - - - Dated:- 14-6-2013 - Shri D. K. Tyagi And Shri T. R. Meena,JJ. For the Petitioner : Shri Mehul R. Shah, A.R. For the Respondent : Shri T. Sankar, Sr. D.R. ORDER Per : D. K. Tyagi, Judicial Member This is an assessee s appeal directed against the order of the CIT(A)-II, Surat, dated 31.03.2010 for A.Y ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion u/s.273A before the CIT-I, Surat and therefore, the penalty proceedings may be dropped. It was also submitted that the assessee in good faith had disclosed his full and true income and had discharged his tax liabilities. The Assessing Officer, however, rejected the assessee s contention and proceeded to levy the penalty of Rs.3,11,542/- u/s. 271(1)(C) of the Act being 100% of the tax. 4. Before ld. CIT(A), the assessee reiterated the same submission, which made before the A.O. But, ld. CIT(A) confirmed the action of the Assessing Officer. 5. Before us, it was submitted that in the case of assessee s brother, Shri Balvantrai S. Contractor who was co-owner of this land having 73% right of ownership, on identical facts penalty imposed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er along with enclosures and computation of income of LTCG and the AO issued notices u/s 148 of the Act dated 23-08-2008. The assessments u/s.147 r.w.s. 143(3) of the Act was completed vide Assessing Officer's orders dated 16- 12-2008 and penalties u/s.271 (1) was levied vide orders dated 29- 06-2009. By these dates, no order was passed by CIT, Surat on application filed u/s.273A of the Act and the assessee withdraw this application vide letter dated 30-03-2010. We find that it was admitted by the Department that the information came from the assessee without any suggestion or detection from the Department and notice under s. 148 of the Act was issued long after the settlement petition to the CIT. This would show that no enquiry was made w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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