THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
I.T.T.A. No. 370 of 2014
DATED:18.6.2014 Between:
The Commissioner of Income Tax I, Hyderabad And Sri Devendra Surana, Secunderabad … Appellant ….Respondent THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
I.T.T.A. No. 370 of 2014
Judgment: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) We have heard Mr. J.V. Prasad, learned counsel for the appellant and have gone through the impugned judgment and order of the learned Tribunal.
We notice that the learned Tribunal, factually found that the three (3) conditions for initiation of penalty proceedings are not satisfied. It was found particularly that there is no concealment of particulars of income or furnishing of inaccurate particulars of such income, though Mr. Prasad says that when it was detected, the assessee filed fresh returns.
We are of the view that it is legally permissible to file fresh returns or revised returns and this was done. We do not think that there is any deliberate attempt in concealing the particulars of such income by non-furnishing the inaccurate particulars of the income.
Hence, we dismiss the appeal as we find no illegality and infirmity in the order of the learned Tribunal.
Consequently, the miscellaneous petitions, if any pending, shall also stand dismissed. No order as to costs.
K.J. SENGUPTA, CJ 18th June, 2014 PNB/VA SANJAY KUMAR, J