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2016 (12) TMI 1401 - ITAT BANGALOREPenalty under section 271(1)(c) - whether deceased deliberately concealing the income or filing the inaccurate particulars of the income - Held that:- Nothing has been brought on record that deposit was made by the legal heirs of the deceased and more particularly the assessee before us. Besides the above, had the assessee was alive, then the assessee (late husband) would have given details of the income or the status of the amount deposited in the account i.e., whether the amount deposited was a loan, gift or tax exempted deposits, etc. Furthermore, if we accept the case of the learned DR for the revenue that the amount was deposited by the son of the appellant before us, then in our view the explanation should have been sought from the son and if the income belongs to him, then the income should be assessed in the hands of the son and not in the hands of husband or the wife of the deceased. Since there was no willful and deliberate concealment of the income by the assessee therefore the appeal is required to be allowed. Therefore in our view no case of imposing of penalty was made out by the revenue and in the result the appeal is required to be allowed and we therefore allow the appeal and direct the deletion of penalty imposed on the assessee. - Decided in favour of assessee.
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