9911796707
TMI Blog2025 (2) TMI 914X X X X Extracts X X X X X X X X Extracts X X X X ..... undisputed fact that the assessee has fulfilled conditions prescribed u/s. 270AA of the Act for claiming immunity from imposition of penalty. Assessee has fulfilled both the conditions for grant of immunity as stipulated under clause (a) & (b) of sub-section (1) of section 270AA of the Act, which are substantive in nature except didn't file Form 68 before AO. Therefore, in substance assessee was entitled for claiming immunity from imposition of penalty u/s. 270A of the Act. In this context, it has to be kept in mind that courts are meant to do substantial justice between the parties, and that technical rules or procedure should not be given precedence over doing substantial justice. Undoubtedly, justice according to the law, doesn't merel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the business of wholesale rice trade in the name and style of M/s. Dawath Traders and filed its return of income (RoI) on 30.10.2017 for AY 2017-18 disclosing total income at Rs. 6,52,740/-. Later, the premises of the assessee was surveyed u/s. 133A of the Act on 17.03.2017 and based on the survey findings, the return was selected for scrutiny and the AO assessed total income at Rs. 55,46,812/- and since, the assessee has offered Rs. 30 lakhs under PMGKY Scheme, net-assessed income came down to Rs. 25,46,812/-. Pursuant to the assessment order dated 30.12.2019, assessee remitted the tax computed at Rs. 8,70,297/- within 30 days of the demand, and didn't file any appeal against the assessment order dated 30.12.2019. Thus, assessee claimed t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which led to the disallowance of Rs. 47,64,072/-. 4. Aggrieved by the aforesaid action of the Ld.CIT(A), the assessee is in appeal before this Tribunal. 5. We have heard both the parties and perused the material available on record. We note that the assessee-firm filed its RoI admitting total income at Rs. 6,52,740/- on 30.10.2017. Pursuant to survey on 17.03.2017, u/s. 133A of the Act, the return was selected for scrutiny and the AO made an addition of Rs. 55,46,812/- and since, the assessee offered Rs. 30 lakhs under PMGKY scheme, the net-assessed income was computed at Rs. 25,46,812/-. Pursuant thereto, assessee paid tax & interest within the period/time given in the assessment order/demand notice and thus it is an undisputed fact that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... according to the law, doesn't merely mean technical justice, but means that law is to be administered to advance justice [refer the decision dated 30.10.2017 of the Hon'ble Supreme Court in the case of Pankaj Bhai Rameshbhai Zalavadiya v. Jethabhai Kalabhai Zalavadiya in Civil Appeal No.155549 of 2017]. In the given factual background, according to us, non-filing of Form 68 is only a technical or venial breach which should not snatch away the substantive right to claim immunity from levy of penalty, which assessee got vested with on fulfillment of substantive conditions mandated in Clause (a) & (b) of sub-section (1) of section u/s. 270AA of the Act. Be that as it may be, it has been further brought to our notice that assessee has filed For ..... X X X X Extracts X X X X X X X X Extracts X X X X
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