Rajasthan High Court - Jaipur
Pr. Commissioner Of Income Tax - Central vs Ritesh Agarwal on 18 October, 2019
Bench: Mohammad Rafiq, Narendra Singh Dhaddha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Income Tax Appeal No. 358/2018
Pr. Commissioner Of Income Tax - Central
----Appellant
Versus
Ritesh Agarwal
----Respondent
For Appellant(s) : Mr. Siddharth Bapna For Respondent(s) :
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 18/10/2019 The appeal is admitted on the following questions of law:-
1. Whether on the facts and in the circumstances of the case the learned ITAT is justified in deleting the penalty of Rs.2,16,60,000/- imposed by the Assessing Officer under Section-271AAB (1) (c) of the IT Act, 1961?
2. Whether on the facts and in circumstances of the case the learned ITAT is justified in holding that when the assessee is not required to maintain the books of account as per Section-
44AA, then the alleged income found recorded in the diary would not fall in the definition of undisclosed income even when the assessee admitted its undisclosed income of Rs.7,22,00,000/- in a statement recorded under Section-132(4)?
3. Whether on the facts and in circumstances of the case and the learned ITAT is justified in holding that diary in which alleged income was found recorded is other documents maintained by the assessee in normal course as per clause
(c) to explanation of Section-271AAB of the Income Tax Act, 1961 when the assessee himself admitted its undisclosed income of (Downloaded on 22/10/2019 at 09:28:41 PM) (2 of 2) [ITA-358/2018] Rs.7,22,00,000/- in a statement recorded under Section-132(4)?
Issue notice to the respondent. Rule is made returnable by six weeks.
List along with D.B. Income Tax Appeal No.339/2018.
(NARENDRA SINGH DHADDHA),J (MOHAMMAD RAFIQ),J Jatin /RS/37 (Downloaded on 22/10/2019 at 09:28:41 PM) Powered by TCPDF (www.tcpdf.org)