TMI Blog2015 (7) TMI 742X X X X Extracts X X X X X X X X Extracts X X X X ..... in issue in the assessment proceedings involving the Assessee, the Court finds no error whatsoever in the CIT (A) holding that there was no deliberate concealment of income or misrepresentation of the income as a capital receipt by the Assessee. - Decided in favour of assessee. - ITA No. 378/2015, ITA No. 379/2015 - - - Dated:- 6-7-2015 - S. Muralidhar And Vibhu Bakhru,JJ. For the Petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Colony, New Delhi had been let out by the Respondent Assessee to the Ministry of Defence ('MoD') by a lease deed dated 16th September 1985 for a period of three years. The agreed 'compensation' was ₹ 1,75,192 per month. With the MoD not vacating the premises upon expiry of the lease period, the dispute was referred to arbitration. An Award was passed by the sole Arbitrator on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in the present appeals arose from the consequential penalty proceedings. The question that arose in the said penalty proceedings was whether the Assessee had deliberately failed to furnish accurate particulars of income by claiming the arrears of rent as capital receipt. The Assessing Officer ('AO') decided against the Assessee and upheld the penalty under Section 271 (1) (c) of the Inco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9. The only ground urged before this Court by Ms. Suruchi Aggarwal, learned Senior Standing counsel for the Revenue is that the Assessee had deliberately claimed revenue receipt as capital receipt. Since that question was itself in dispute and put in issue in the assessment proceedings involving the Assessee, the Court finds no error whatsoever in the CIT (A) holding that there was no deliberate ..... X X X X Extracts X X X X X X X X Extracts X X X X
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