TMI Blog2005 (2) TMI 473X X X X Extracts X X X X X X X X Extracts X X X X ..... hort). 2. The learned AO levied such a penalty concealment of Rs. 33,618 on account of unexplained investment, Rs. 1,154 unexplained cash and Rs. 10,540 income from other sources totalling to Rs. 45,312. This penalty was confirmed by the learned CIT(A). Hence, this appeal. 3. I have heard the rival submissions and have perused the evidence on record. 4. The learned Authorised Representative ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evied. 6. I do not agree with the submission of the learned Departmental Representative that mere non-filing of appeal against the findings of the learned AO, does not, ipso facto, lead to levy of penalty under s. 271(1)(c) of the Act. The parameters for penalty proceedings, which are necessarily criminal in nature, are entirely different from additions on merits. It is to be established under s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessee. 9. The last amount of Rs. 10,540 was added under the head income from other sources, by removing the same from the claimed agricultural income of Rs. 29,780. The learned CIT(A) rejected all submissions made in this regard on behalf of the assessee, and also simply brushed aside the plethora of judicial pronouncements relied by the learned Authorised Representative by simply mentioning i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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