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2003 (12) TMI 11 - HC - Income TaxPenalty under section 271(1)(c) - Tribunal deleted the penalty observing that the accounts suffered from totalling mistake committed by a "munim" - there is not even an iota of evidence to suggest that the mistake in the total was with the consent and knowledge of the partner to indicate that it was a deliberate act. Since in the discussion the Commissioner of Income-tax (Appeals) and the Income-tax Appellate Tribunal have both found that there was no ground for imposing penalty no case arises for interference in this appeal under section 260A of the Act. The appeal is accordingly dismissed.
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