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2021 (8) TMI 503 - AT - Income TaxPenalty levied under the provision of section 271(1)(c) - whether the assessee has concealed the particulars of income by not disclosing the capital gain in the income tax return? - HELD THAT:- AO was not conscious about the charge under which the penalty was to be levied under the provisions of section 271(1)(c) of the Act. Accordingly we hold that the penalty order is not sustainable and therefore the penalty cannot be levied on this technical ground. As we have decided the issue in favour of assessee on technical ground, we do not find any reason to give our finding on merit. Hence the ground of appeal of the Revenue is dismissed.
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