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TMI Blog2021 (2) TMI 126X X X X Extracts X X X X X X X X Extracts X X X X ..... der consideration, the assessee had no transaction with the said parties and therefore, it was not able to produce them before the AO. In view of the facts and circumstances of the case, we are persuaded by the judgment of the Hon ble Punjab Haryana High Court in Harigopal Singh [ 2002 (8) TMI 65 - PUNJAB AND HARYANA HIGH COURT] instead of the order of the Tribunal in the case of Bhansali Trading Corporation [ 2015 (9) TMI 997 - ITAT JAIPUR] We are of the considered view that the Ld. CIT(A) has rightly followed the judgment of the Hon ble Punjab Haryana High Court in Harigopal Singh (supra) and deleted the penalty - Decided against revenue. - ITA No. 4641/MUM/2019 - - - Dated:- 11-1-2021 - Shri C.N. Prasad (Judicial Member) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nalty of ₹ 93,590/- levied by the AO, the assessee filed an appeal before the Ld. CIT(A). We find that vide order dated 30.04.2019, the Ld. CIT(A) deleted the above penalty on the following ground : 5.1 I have considered the rival contentions. I find from para 5.5 of the order of the CIT(A) that the sum of ₹ 63,398/- in respect of which the penalty was imposed was based on estimate. I find that the AO failed to bring any concrete evidence to prove that the sum of ₹ 63,398/- actually represented income in respect of which inaccurate particulars had been furnished by the appellant. I find that the facts in the case cited by the appellant [Harigopal Singh vs. CIT (2002) (supra)] is similar to the facts of the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... concealed the particulars of his income' so as to attract clause (c) of section 271(1). There is not even an iota of evidence on the record to show that the income of the assessee during the year under appeal was more than the income returned by him. Additions in his income were made, as already observed on estimate basis and that by itself does not lead to the conclusion that the assessee either concealed the particulars of his income or furnished inaccurate particulars of such income. There has to be a positive act of concealment on his part and the onus to prove this is on the department. We are also of the considered view that the Tribunal grossly erred in law in relying on Explanation 1(B) to section 271(1)(c) to raise a presumptio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the instant case, in response to the show cause notice during the course of penalty proceedings, the assessee filed a reply dated 21.02.2018 stating that they had submitted copy of the ledger account, bills of the concerned parties along with delivery challans, bank statements where payments had been reflected to prove the genuineness of the purchases. It was stated before the AO that raw materials were purchased from the concerned parties who were having TIN number and were registered dealers. It was stated that during the year under consideration, the assessee had no transaction with the said parties and therefore, it was not able to produce them before the AO. In view of the facts and circumstances of the case, we are persuaded by th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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