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AO having not disputed that the provisions of section 44AD are not applicable, could not have called upon the assessee to produce P&L Account to show the source of expenditure. The addition, if challenged, would have been deleted. Penalty proceedings are independent proceedings. Such incorrect addition is not liable to penalty under section 270A.

By Jagdish T Punjabi, Chartered Accountant
Devendra Jain, Advocate
Reading Time 3 mins

35 Prem Kumar Goutam vs. DCIT

2023 Taxscan (ITAT) 2510 (Kol - Trib.)

ITA No.: 156/Pat./2023

A.Y.: 2017-18

Date of Order: 12th October, 2023

Section: 270A

AO having not disputed that the provisions of section 44AD are not applicable, could not have called upon the assessee to produce P&L Account to show the source of expenditure. The addition, if challenged, would have been deleted. Penalty proceedings are independent proceedings. Such incorrect addition is not liable to penalty under section 270A.

FACTS

The assessee, a brick kiln dealer and composition dealer, under Bihar Value Added Tax, 2005, filed his return of income under section 139(4) on 29th March, 2018, under section 44AD of the Act. The assessee disclosed gross receipts of ₹ 49,45,000 and offered income thereon at 8 per cent, i.e. ₹3,95,600. The Assessing Officer (AO) in an order passed under section 143(3) of the Act made an addition of ₹76,000, a payment made to the Mining Department, ₹25,000 as VAT and ₹2,500 as the profession tax on the gro

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