INCOME TAX APPELLATE TRIBUNAL, HYDERABAD
G.C. Gupta, CHANDRA POOJARI, JJ.
T. Prashanth Reddy -Appellant
Versus
Assistant Commissioner of Income-tax, Circle 4(1), Hyderabad -Respondent
IT APPEAL NOS. 1061 TO 1063 OF 2010
Decided On : 13-01-2011
Chandra Poojari, Accountant Member. - These three appeals preferred by the assessee are directed against the different orders passed by the CIT(A)-V, Hyderabad and pertains to assessment years 2004-05, 2005-06 & 2006-07 with regard to levy of penalty under section 271(1)(c) of the Act.
2. Brief facts of the issue are that the assessee is an individual and filed its return of income originally as follows:
| Assessment years | Date of filing | Amount of income |
| | | Declared |
| 1. 2004-05 | 28-9-04 | Rs. 5,70,950 |
| 2. 2005-06 | 27-9-05 | Rs. 7,91,562 |
| | | Rs. 1,95,000 (Agri Income) |
| 3. 2006-07 | 21-7-06 | Rs. 13,37,415 |
| | | Rs. 2,36,500 (Agri Income) |
3. There was a survey conducted under section 133A of the Act in the premises of the assessee on 15-11-2006 and one undisclosed bank account found wherein certain deposits has been made which had escaped from assessment:
The total cash deposits on various dates during the period from :
| 1. | 16-2-04 to 31-3-04 | Rs. 31,24,326 |
| | Peak cash deposit | Rs. 18 lakhs on 27-2-04 |
| 2. | 1-4-04 to 31-3-2005 | Rs. 1,24,35,740 |
| | With peak cash deposit | Rs. 9 lakhs on 4-2-05 |
| 3. | 1-4-2004 to 31-3-2006 | Rs. 32,86,852 |
| | With peak cash deposit | Rs. 13 lakhs on 10-10-05 |
4. Later a notice was issued under section 148 was issued and the assessment years were reopened for the assessment years 2004-05 and 2005-06. For the assessment years 2004-05 the assessee filed revised return on 11-12-2007 declaring income at Rs. 23,70,950 and once again on 27-12-2007 filed revised return declaring income at Rs. 35,13,770. Which covers peak cash deposit of Rs. 18 lakhs and difference in valuation in the construction of building at Megha Hills, Guttala Village, Begumpet.
5. For the assessment year 2005-06, the assessee filed original return on 27-9-2005 admitting income of Rs. 7,91,562 and agricultural income of Rs. 1.95 lakhs. After survey, Notice under section 148 was issued on 14-8-2007. The assessee filed revised return on 11-12-2007 admitting income of Rs. 30,20,120 including additional income offered at Rs. 22,68,560 towards peak deposit in bank account and difference towards cost of construction of property. Again, on 27-12-2007 filed a revised return admitting income of Rs. 18,77,297 after apportioning difference in valuation between the assessment years 2004-05 and 2005-06.
6. For the assessment year 2006-07, the assessee filed return of income on 21-7-2006 at Rs. 13,37,415 and agricultural income of Rs. 2,36,500 there is no notice under section 148 of the Act. The Assessing Officer completed the assessment of these assessment years as follows:
| Assessment year 2004-05 | |
| Income originally admitted | Rs. 5,70,950 |
| Income offered vide return on 11-12-07 | Rs. 18 lakhs |
| Further additional income vide Return dated 27-12-03 | Rs. 11,42,770 |
| Addition made relating to claim of | |
| (a)Loan from HUF for want of evidence Disallowed | Rs. 1.8 lakhs |
| (b)towards low drawing | Rs. 1 lakh |
| Total Income | Rs. 37,93,770 |
| Assessment year 2005-06 | |
| Income originally admitted | Rs. 7,91,562 |
| Income offered 11-12-2007 | Rs. 9 lakhs |
| Further additional income offered Vide return dated 27-12-07 | Rs. 1.85,735 |
| Additions made | |
| Claim of loan | Rs. 1.85 lakhs |
| Low drawings | Rs. 1 lakh |
| TOTAL | Rs. 21,62,300 |
| Assessment year 2006-07 | |
| Income from property | Rs. 13,37,415 |
| Originally admitted | |
| Additions made u/s 68 | Rs. 23.50 lakhs |
| Additions disallowance of expenses | Rs. 1.50 lakhs |
| Low drawings | Rs. 50,000 |
| Total | Rs. 38,87,415 |
| Less Deduction u/s 80C | Rs. 1 lakh |
| Total | Rs. 37,87,415 |
| Agricultural income | Rs. 2.36 lakhs |
7. Further, the Assessing Officer levied penalty in all these assessment years for concealing the income with regard to amount lying in the bank accounts of the assessee as follow
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