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2022 Supreme(Raj) 56

AKIL KURESHI, SUDESH BANSAL
Rakesh Garg, S/o. Shri Kailash Chand Garg – Appellant
Versus
Principal Commissioner of Income Tax, Ajmer – Respondent


Advocates Appeared:
For the Appellant : Siddharth Ranka.
For the Respondents: Parinitoo Jain.

JUDGMENT :

1. All these petitions arise out of a common background. They have been heard together and would be disposed of by this common judgment. Facts being substantially similar may be recorded from writ petition No. 4178/2021. Petitioner is an individual and is engaged in the business of manufacturing and trading of textile articles and also in the business of share and derivative trading. For the assessment year 2014-15 the assessee had filed the return of income on 30.11.2014 declaring total income of Rs.4,22,850/-.This included a short term capital gain of Rs.27,960/-. The revenue authorities were of the opinion that petitioner's speculative and non-speculative transactions were required to be calculated separately and the turn over of the assessee was more than the threshold limit prescribed for compulsory audit under Section 44AB of the Income Tax Act, 1961 (for short ' the Act') still the assessee had not filed the audit report. With respect to the declared income the revenue had no dispute. However on account of above noted breach, proceedings for penalty under Section 271B under the Act were initiated. This culminated into a penalty order dated 26.06.2018 passed by the

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