TMI Blog2004 (8) TMI 17X X X X Extracts X X X X X X X X Extracts X X X X ..... ax on the said items. The authorities, therefore, came to a conclusion that in such case no concealment of income as such arises within the meaning of section 271(1)(c) of the Act and hence, the question of penalty in such cases may not arise - - - - - Dated:- 5-8-2004 - Judge(s) : A. M. SAPRE., ASHOK KUMAR TIWARI JUDGMENT The judgment of the court was delivered by A.M. Sapre J. - This i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e) do not satisfy the rigour of substantial question of law within the meaning of section 260A of the Act. The short question involved in this appeal is, whether the Commissioner of Income-tax (Appeals) and the Tribunal were justified in setting aside of the penalty imposed by the Assessing Officer on the assessee under section 271(1)(c) of the Income-tax Act. In the opinion of both the authorit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 271(1)(c) of the Act and hence, the question of penalty in such cases may not arise. This in our opinion does not involve any substantial question of law so as to meet the provisions of section 260A of the Act for admitting any appeal. In view of the aforesaid discussion, we do not find any merit in this appeal, which in our opinion merits dismissal in limine. It is accordingly, dismissed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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