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2020 (3) TMI 462 - AT - Income TaxPenalty u/s 271(1)(C) - addition made on account of disclosure of additional income while filing return as part of search proceedings - assessment was completed u/s 153A r.w.s 143(3) without making any addition to returned income - HELD THAT:- CIT (Appeals) has erred in confirming the levy of penalty under section 271(1)(C) of the Act by the Id. AO on addition made on account of disclosure of additional income while filing return as part of search proceedings. While doing so, the Hon'ble CIT (Appeal) failed to appreciate that there was no addition made by the Id. AO during the course of assessment proceedings u/s 143(3) r.w.s 153A of the Act to the returned income under section 153A of the Act, and therefore appellant cannot be treated to be assessee concealing income.See RAJKUMAR GULAB BADGUJAR [2019 (9) TMI 360 - SC ORDER] - Decided in favour of assessee -
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