TMI Blog2015 (9) TMI 849X X X X Extracts X X X X X X X X Extracts X X X X ..... f income on the part of the respondent assessee and in fact, the Assessing Officer had proceeded on the basis of the return filed by the assessee and particulars furnished therein. Under the circumstances, in the absence of any concealment of the particulars of income or furnishing of inaccurate particulars of income on the part of the assessee, no infirmity can be found in the impugned order passed by the Tribunal in confirming the order passed by the Commissioner (Appeals) in deleting the penalty under section 271(1)(c) of the Act. - Decided in favour of assessee. - Tax Appeal No. 445 of 2015 - - - Dated:- 7-9-2015 - Harsha Devani And A. G. Uraizee, JJ. For the Petitioner : Mr Mauna M Bhatt, Adv For the Respondent : None ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 133A of the Income Tax Act. That the Tribunal had also failed to appreciate the fact that the assessee had filed his return beyond the period prescribed under sub-section (1) of section 139 of the Act. Moreover, the assessee had filed the return of income consequent to the survey under section 133A of the Act and hence, had furnished inaccurate particulars of income of ₹ 7,93,34,193/- by non-compliance of filing Form 15I and 15J to the Commissioner of Income Tax, thereby defeating the purpose of rule 29D. It was accordingly urged that the appeal requires consideration and the question as proposed or as may be deemed fit, may be formulated by this court. 4. This court has considered the submissions advanced by the learned counsel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eeded on the basis of the return filed by the assessee and particulars furnished therein. Under the circumstances, in the absence of any concealment of the particulars of income or furnishing of inaccurate particulars of income on the part of the assessee, no infirmity can be found in the impugned order passed by the Tribunal in confirming the order passed by the Commissioner (Appeals) in deleting the penalty under section 271(1)(c) of the Act. In the absence of any infirmity in the impugned order passed by the Tribunal, it is not possible to state that the impugned order gives rise to any question of law much less, any substantial question of law so as to warrant interference. The appeal is accordingly dismissed. - - TaxTMI - TMITax - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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