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2015 (12) TMI 1545 - AT - Income TaxPenalty u/s.271(1)(c) - change in head of income - assessee as a housing cooperative society has shown the receipt from mobile company, in income and expenditure account and surplus of this account has not been considered/offered as income on the principal of mutuality - CIT(A) has treated the receipts from allowing the terrace to be used or installing telecommunications network as business income - Held that:- No conscious act on the part of the assessee for concealing the particulars of income. In our opinion, there is no justification to support the penalty order passed by the A.O u/s 271(1)(c) of the Act levying penalty upon the assessee. See Jolly Highrise Co-op HSG Society Ltd. [2010 (7) TMI 1082 - ITAT MUMBAI] - Decided in favour of assessee
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