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2014 (2) TMI 71 - HC - Income TaxConcealment of income - Held that:- The assessee has produced certificate from the competent authority who has issued a certificate that the distance of the impugned property is more than 8 kms. from the municipal limit of Sonepat and the District Town Planner is a competent authority to issue a certificate - The Government authority who has issued a certificate to the assessee is a competent authority to issue the certificate - Penalty cannot be levied - The Assessing Officer treated the penalty proceedings as mere continuance of the assessment proceedings and did not bother to make its penalty proceedings as self-contained one, as such penalty order is not sustainable - The Assessing Officer is duty bound to consider the entire material at the time of levying the penalty afresh, independently of the assessment proceedings to levy penalty - This has not been done by the Assessing Officer - As such, penalty cannot be sustained - Relying upon the decision in CIT v. Reliance Petroproducts P. Ltd. [2010 (3) TMI 80 - SUPREME COURT] - Mere making of a claim which was ultimately found to be unsustainable may not by itself amount to furnishing of inaccurate particulars regarding the income - Decided against Revenue.
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