ACIT v .Harbans lal sethi (2018)196 TTJ 23 (UO) /53 CCH 552 ( Jaipur ) (Trib)

S.271(1)( c ): Penalty – Concealment – Undisclosed income surrendered during survey not included in the return- Tax was paid – Bonafide mistake – Deletion of penalty is held to be justified .[S.133A ]

Tribunal held that the payment of tax made and not claiming any refund of the same established that there was inadvertent omission of additional income from computation and subsequently revision through computation in course of assessment proceedings show intention of assessee to be bona fide .The revenue could not bring out any deliberate mala fide intent behind the omission of or alleged concealment of the return of income. Accordingly the deletion of penalty is held to be justified . (AY. 2011-12