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2023 (6) TMI 262 - AT - Income TaxPenalty u/s. 271(l)(c) - revised return of income in which the assessee disclosed details of sale of immovable properties - Whether revised return was filed pursuant to notice under section 143(2) issued by the Department ? - HELD THAT:- The revised return of income, in which the assessee disclosed details of sale of immovable properties was not in pursuance to notice issued by the Department u/s 143(2) as on perusal of notices issued by the Department, it is seen that the query regarding the sale of immovable properties was enquired into for the first time by the Department vide notice dated 30-06-2016, whereas the assessee had already filed revised return of income on 31-10-2015. Also in the notice dated 31-08-2015, there is no mention regarding sale of immovable properties by the assessee, and hence, it cannot be inferred that the assessee made a declaration regarding the sale of immovable properties pursuant to the aforesaid notice. Department has not been able to bring forth any communication/information/evidence to show that it was within the knowledge of the assessee, that the assessment proceedings had been initiated to enquire into the aspect of sale of immovable properties by the assessee. Contention that the revised return of income was filed beyond the due prescribed date, it has been brought to our attention that the return of income was filed online and the same was accepted by the Department website and accordingly the same has been validated by the Department. It is a well-settled principle of law that if the assessee has made disclosure in the return of income, without the Department having brought the fact of omission on part of the assessee to the notice of the assessee, then it cannot be inferred that the revised return was filed pursuant to the omission having been detected by the Department. we are of the considered view that nothing has been brought forth by the Department to substantiate that the revised return of income was filed in pursuance to information contained in notice under section 143(2) of the Act. Accordingly, looking into the instant facts, we are hereby deleting the penalty imposed under section u/s 271(1)(c) of the Act. Decided in favour of assessee.
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