Assessee is a doctor in Apollo Hospitals. Assessing Officer levied penalty under section 271(1)(c) upon assessee. Tribunal sustained levy of penalty. On appeal the Court held that since assessee before issuance of notice under section 148 had filed revised returns of income voluntarily and material collected during search conducted under section 132 upon Apollo Hospitals was never put to assessee prior to his filing of voluntary revised returns and there was no material to show that assessee was aware of documents collected in premises of Apollo Hospitals, there was no deliberate or wilful omission on part of assessee. Since assessee is a professional doctor and levying penalty on him would effect his mental status as well as professional career, order of Tribunal sustaining levy of penalty is set aside. (AY. 2003-04 to 2005-06)
S. Duraisamy v. Dy. CIT (2024) 300 Taxman 548 /243 DTR 204 (Mad.)(HC)
S. 271(1)(c) : Penalty-Concealment-Revised return filed voluntarily-Search-No deliberate or wilful omission on part of assessee-Review petition is allowed-Professional doctor and levying penalty on him would effect his mental status as well as professional career, order of Tribunal sustaining levy of penalty is set aside.[S. 132, 139(5), 148, 260A, Civil Procedure Code, 1908, Order XLVII of Rule 1]
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