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2012 (5) TMI 363 - AT - Income TaxPenalty u/s 271(1)(c) - delay in service of notice - period of limitation for initiating penalty proceedings - CIT(A) observed that delays in service of notices and orders are routine and natural, even if they are sent by speed post or courier, and much cannot be inferred based just on such delay in service. - CIT(A) has extracted order sheet entries from the record and took note of the sequence of events and concluded that it is almost impossible for the Assessing Officer to back date the order, since the Assessing Officer would have to change too many records, which is again impossible to do. - Decided against the assessee. Regarding penalty - Held that: the words 'return of income to be furnished before the expiry of time specified in clauses (a) and (b) of sub section (1) of s. 139', cannot be read without the words 'income which has not been disclosed so far in his return of income' preceding the aforesaid words and if we read the complete sentence which is comprising out of words "has been acquired out of his income which has not been disclosed so far in his return of income to be furnished before the expiry of time specified in clause (a) or (b) of sub section (1) of section 139" - So far as assessee's case is concerned it is an admitted fact that the assessee has disclosed an additional income and, therefore, the assessee is entitled to the immunity available under clause (2) of Explanation 5 of S.271(1)(c) of the Act for all these assessment years - Appeals are partly allowed
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