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Issues involved: Penalty u/s 271(1)(c) for inaccurate particulars of income and concealment of income.
Summary: The appeal was against the penalty imposed u/s 271(1)(c) for inaccurate particulars of income and concealment of income amounting to `2,48,901/-. The Assessing Officer (A.O.) converted the loss return into a positive income return by taxing rental income received under the head house property. The assessee argued that the property was business premises and the income should be assessed under the head business, not house property. The CIT(A) upheld the penalty citing the assessee's awareness of the correct classification. The Tribunal found that the premises were used for business purposes and the income was wrongly shifted to house property without considering all facts. It was concluded that there was no concealment or inaccurate particulars, thus canceling the penalty. The Tribunal emphasized that a genuine difference of opinion does not imply deliberate concealment of income. The Tribunal analyzed the agreement between the parties, confirming that the premises were let out for business purposes and service charges were received for only five months during the year. The A.O. did not consider all aspects and simply shifted the income to house property without proper examination. The Tribunal found no evidence of inaccurate particulars or malafide intent on the part of the assessee. Citing relevant legal precedents, the Tribunal ruled that there was no basis for the penalty and allowed the appeal.
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