Haresh Ghanshyamdas Makhija. v. ITO (2024) 206 ITD 149 (Mum) (Trib.)

S. 271(1)(c) : Penalty-Concealment-Returned income and assessed income are same-Penalty for concealment of income cannot be levied.[S. 139]

AO in assessment proceeding had accepted return of income filed by assessee and determined total income without any variation between returned and assessed income.   AO had levied penalty under section 271(1)(c) for reason that assessee had concealed particulars of income during year under consideration. CIT(A) up held the penalty. On appeal the Tribunal held that  since there had been no variation in returned and assessed income, there could not be any possibilities of assessee concealing particulars of income which could attract provision of section 271(1)(c).Accordingly the penalty is deleted. Followed, Armoury International Pereira Compound v. ACIT (ITA No. 3299 to 3301 ( Mum) of 2017 dt. 1-1-2019)   (AY. 2016-17)

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