9911796707
TMI Blog2010 (8) TMI 1059X X X X Extracts X X X X X X X X Extracts X X X X ..... ss-appeals, viz. one by the assessee and the other by the Revenue, for the assessment years 2000-01 to 2005-06. Since facts of the case and issues involved in all these appeals are common, these appeals are being disposed of by this consolidated order for the sake of convenience. Assessee's Appeals: ITA No.177/Hyd/10 : Asstt. Year 2000-01 ITA No.178/Hyd/10 : Asstt. Year 2001-02 ITA No.179/Hyd/10 : Asstt. Year 2002-03 ITA No.180/Hyd/10 : Asstt. Year 2003-04 ITA No.181/Hyd/10 : Asstt. Year 2004-05 ITA No.182/Hyd/10 : Asstt. Year 2005-06 ITA No.567/Hyd/10 : Asstt. Year 1998-99 ITA No.568/Hyd/10 : Asstt. Year - 1999-2000 2. Identical grounds are raised by the assessee in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he quantum appeals, vide its order dated 26.6.2009 estimated the income of the assessee out of the amounts mentioned in the pay-in-slips relating to Karnataka Bank at 15% of the total deposits and the additions made were reduced accordingly. In the penalty appeals, the CIT(A) has upheld the levy of penalty under S.271(1)(c) of the Act on the undisclosed income worked out at 15% of the deposits as per pay-in-slips relating to Karnataka Bank Ltd, and also directed the Assessing Officer to reduce the amounts of penalty to 100% of the tax sought to be evaded after giving effect to the directions of the Tribunal, and accordingly partly allowed the appeals of the assessee. The learned counsel for the assessee referred to the relevant paras of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee from his initial statement came about eight and half months after the initial statement made by the assessee. He referred to the relevant paras of the orders of the Assessing Officer and the CIT(A) in support of his submission that the amounts mentioned in the pay-in-slips relating to Karnataka Bank in fact represents the undisclosed income of the assessee from his medical profession. 5. We have considered the rival submissions carefully and have perused the orders of the Assessing Officer and the CIT(A). We have also perused the copies of the statements made by the assessee, his wife recorded by the department. We find that the assessee could not identify the four persons whose name was recorded in the pay-in-slips relating to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his original statement, after a gap of eight and half months after the recording of the original statement by the Department. Assessee admittedly is an employee of the company running the hospital and there is no material brought on record by the Department to suggest that the assessee has some independent practice of his own; and that the amounts mentioned in the pay-in-slips relating to Karnataka Bank Ltd. were the receipts relating to the assessee and were not the receipts of the company running the hospital. For the imposition of penalty, it has to be proved beyond reasonable doubt that the disputed income represents the concealed income of the assessee. The additions in the quantum appeals of the assessee could be sustained on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee by giving cognizance only to the order of the Hon'ble ITAT in assessee's case which is further appealed and yet to be decided by the Hon'ble High Court without going into the facts of the case and without making any specific and individual comments on the issues dealt in. 3. the ld. CIT(A) erred in allowing relief to the assessee by totally ignoring the order of the CIT(A). Tirupati in assessee's case for the same year wherein the assessee's appeal on the same issues filed against the order u/s. 143(3) r.w.s.153A was dismissed by the learned ld. CIT(A) by advancing proper reasoning and by making individual and specific comments on each issue. 7. The Learned Departmental Representative submitted that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in that context, we hold that there is no merit in the present appeals preferred by the Revenue. Even otherwise, the CIT(A) has merely directed the Assessing Officer to reduce the quantum of penalties imposed to the amounts of tax sought to be evaded after giving effect to the directions of the Tribunal in the quantum appeals of the assessee. There is no mistake whatsoever in the order of the CIT(A) in giving directions to give effect to the order of the Tribunal and reduce the quantum of penalties. We accordingly hold that the grounds of appeal preferred by the Revenue, being devoid of merit, are liable to be rejected. Accordingly they are rejected. 10. In the result, assessee's appeals are allowed and the appeals preferred by the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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