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2012 (8) TMI 395 - AT - Income TaxPenalty u/s 158 BFA (2) - application u/s 154 submitting mistake in the computation in the total income - Held that:- It is not in dispute that after giving effect to the order of the CIT(A) passed against the appeal filed by the assessee u/s 154 the final undisclosed income of the assessee has been determined at Rs. 55 lacs as disclosed by the assessee in the return. Even otherwise, the difference between the income returned and assessed by the A.O. is due to difference of opinion, and, hence not a case of concealment - in absence of any contrary material placed on record by the Revenue there is no concealment on the part of the assessee and deleting the penalty is thus warranted - in favour of assessee.
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