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2013 (12) TMI 1603 - ITAT PUNEPenalty u/s 271(1)(c) - additional income declared and assessed in the returns filed u/s 153A(1)(a) of the Act over and above the income declared earlier in the returns filed u/s 139 - Held that:- The only point raised by the assessee is that the ground canvassed before the CIT(A) to the effect that the quantum of concealed income for the purposes of section 271(1)(c) of the Act could not be equated to the ‘additional income’, has not been addressed by the CIT(A). This is primarily for the reason that the CIT(A) has allowed relief to the assessee by setting-aside the penalty levied on a point of law canvassed before him, which we have already discussed in earlier paragraphs, wherein the stand of the CIT(A) has been disapproved. Therefore, under these circumstances it would be in fitness of things that the instant plea of the assessee, which was raised before the CIT(A) but not considered by him, be remanded back for consideration and adjudication as per law. The point raised by the learned Departmental Representative against the plea of the assessee on this aspect, in our view, touches upon the merits of the plea, with which we are not presently concerned with. Therefore, we uphold the plea of the assessee for remanding the matter back to the file of the CIT(A) to address the grounds raised by the assessee with regard to the quantification of 15 concealed income liable for penalty of section 271(1)(c) of the Act. - Appeals of the Revenue are allowed for statistical purposes.
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