Held, that the reasons for reopening the assessment revealed that assessment was reopened on the question of excess loss claimed by the assessee but no addition of this amount was made in the reassessment order. The assessment order was totally silent on the ground on which the addition was made. Thus, the penalty and additions were deleted. (AY. 2010-11).
Babita Devi Kajoria v. ITO (2023) 101 ITR 17 (SN) (Kol.)(Trib.)
S. 271(1)(c) : Penalty-Concealment-Additions during reassessment-Reasons recorded for reopening assessment and additions made on different grounds. A.O. failed to prove that assessee concealed income or furnished inaccurate particulars of income-Additions deleted-Penalty deleted.[S. 133(6), 147, 148]