2022 (3) TMI 900

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..... such fraudulent act and that assessee's act is bonafide, penalty cannot be levied. With these observations. we remand this issue to the file of the CIT(Appeals) to consider all these facts and decide the issue afresh in accordance with law, after affording assessee opportunity of being heard. Appeal filed by the assessee is treated as allowed for statistical purposes. - ITA No.308/Bang/2021 - - - Dated:- 18-3-2022 - Shri N.V. Vasudevan, Vice President And Shri B. R. Baskaran, Accountant Member For the Assessee : Shri. Narendra Kumar Jain, CA For the Revenue : Shri. Sankar Ganesh K, JCIT(DR)(ITAT), Bengaluru ORDER PER N. V. VASUDEVAN, VICE PRESIDENT : This is an appeal by the assessee against order dated 01. .....

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..... im and got refunds from the department. The assessee was one such person for whom Mr. Nagesh Sastry had filed RoI and made false claims and refund of tax. The AO placing reliance on the above statement initiated reassessment proceedings u/s 147 of the Act by issuing notice u/s 148 of Act on 30.05.2018. 4. Upon receipt of the notice u/s 148, the assessee approached another Tax Consultant. The assessee realised that Mr. Nagesh Sastry was not a certified CA and ROI filed by the Tax Consultant had some incorrect information. Based on the advice of the new Tax Consultant, the assessee filed a return of income pursuant to notice u/s 148 of the Act on 02.08.2019. In the return, the assessee declared the total income of ₹ 22,46,510/- and C .....

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..... gesh Shastry, Income Tax Practitioner, who has been indulging in claim of fraudulent refunds by fictitious claim of deductions, which was unearthed by the Investigation Wing of the Income Tax Department. It was submitted that without the knowledge of assessee, Mr. Nagesh Shastry has filed revised return and all requisite password, etc. was kept with him and by giving the mobile number of Mr. Nagesh Shastry only. It was submitted that the Mobile no. email address given to the department in original return and revised return were different, which can be looked into so as to see the veracity of the assessee's statement. Further it was submitted that the entire refund issued is recovered back by the income-tax authorities by way of attach .....

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