AO brought to tax notional income of villa owned by assessee at Dubai u/s 5(1) of the Act and initiated penalty proceedings u/s 271(1)(c) for furnishing inaccurate particulars of income and concealment of income. The Tribunal noted that assessee was under a bona fide belief that the notional income of villa was not liable to tax in India and further, whether Notification Nos. 90 and 91/2008 would have a superseding effect over DTAA was a highly debatable issue. Therefore, the Tribunal held that since the issue under consideration was not free from doubts and debates, assessee could not be subjected to levy of penalty for adopting one of such view. ( AY.2010-11)