TMI Blog2013 (10) TMI 159X X X X Extracts X X X X X X X X Extracts X X X X ..... there is any concealment on the part of the assessee. Certain additions have been made rejecting certain claims in the case of the assessee, however, that would not lead to imposition of penalty in absence of either concealment or non-furnishment of the particulars of income by the assessee – Decided against the Revenue. - TAX APPEAL NO. 35 of 2013 - - - Dated:- 18-3-2013 - AKIL KURESHI AND SO ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Rs.1,33,99,935/- towards reimbursement of marketing expenses to its holding company, holding that the whole addition was based on notional calculation thereby taking a contradictory view of its decision in quantum appeal filed by the assessee wherein the addition was decisively upheld consequent to the notional claim made with assessee?" 2. We have heard learned counsel Mr. K.M. Parikh for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rnishment of inaccurate particulars by the assessee-respondent. By an elaborate order, it discussed as to why it was justified in reaching to such a conclusion. 5. When challenged before the Tribunal, it concurred with the finding of the CIT (Appeals) and upheld the deletion by holding thus: "9. After hearing both the parties and perusing the record, we find force in the contention of ld. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of penalty the A.O. could have brought on record some material or evidence for arriving at a reasonable conclusion that amount of addition under consideration represent the income of the assessee. The assessment proceedings and penalty proceedings are different and simply because certain additions have been made, it would not automatically lead to imposition of penalty. In view of this, we are ..... X X X X Extracts X X X X X X X X Extracts X X X X
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