TMI Blog2012 (11) TMI 858X X X X Extracts X X X X X X X X Extracts X X X X ..... partment regarding the taxing of a particular income ie rent received from letting out properties as to whether it was to be assessed under the head 'income of house property' or 'income from business' and therefore sec 271(1)(c) of the Act was not attracted - findings recorded by the Tribunal are based upon appreciation of evidence and material on record and do not suffer from any legal infirmity ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the true particulars of such income? 2. Whether the Hon'ble ITAT was correct in holding that if the Assessing Officer changed the head of income, then it would only be a change of opinion and would not amount to furnishing of inaccurate particulars of income and concealing the true particulars of such income?" Briefly stated, the facts giving rise to the present appeal are as follows: Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee preferred an appeal before the Commissioner of Income Tax (Appeals) Kanpur and vide order dated 16.12.2008 allowed the appeal and setaside the penalty order. The Revenue feeling aggrieved preferred an appeal before the Tribunal. The Tribunal by the impugned order has dismissed the appeal. We have heard Sri S. Chopra, learned senior standing counsel for the Revenue. Nobody has put in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f opinion between the assessee and the department regarding the taxing of a particular income as to whether it was to be assessed under the head 'income of house property' or 'income from business' and therefore the Explanation (1) to section 271(1)(c) of the Act was not attracted. We may mention here that the findings recorded by the Tribunal are based upon appreciation of evidence and material ..... X X X X Extracts X X X X X X X X Extracts X X X X
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