TMI Blog2004 (10) TMI 54X X X X Extracts X X X X X X X X Extracts X X X X ..... ment so as to attract the rigour of section 271(1)(c) - We concur with the finding so recorded by the Tribunal as it is based on exercise of discretion and the facts brought on record. We, thus, do not wish to interfere in such order based on discretionary exercise of power by the Tribunal. – Revenue appeal dismissed - - - - - Dated:- 29-10-2004 - Judge(s) : A. M. SAPRE., ASHOK KUMAR TIWARI. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in the case, where the income returned in the revised return was accepted and assessed in the hands of the assessee even though the revised returns were filed after the search and subsequent inquiries made by the Department during the course of the assessment proceedings? 2. Whether, on the facts and in the circumstances of the case and in the law the Tribunal was justified in holding that no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t to affirmation of the order passed by the Tribunal by this court. In other words, so far as this Bench is concerned, we are bound by the order passed by the earlier Division Bench dismissing the appeal which arose out of this very impugned order. It is for the reason that we cannot now take a contrary view in these appeals except to dismiss these appeals following the conclusion of earlier appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder and the manner in which it is passed by the coordinate Bench because judicial propriety demands that we have no right to comment upon it. Such right is only available to the appellate court while hearing the appeal arising out of such order. It is not in dispute that though the Revenue suffered the dismissal order, yet it did not file any appeal before the Supreme Court. At least no statement ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the same was accepted by the Revenue, the disclosure does not amount to either concealment so as to attract the rigour of section 271(1)(c) ibid. Accordingly penalty imposed by the Assessing Officer was set aside. We concur with the finding so recorded by the Tribunal as it is based on exercise of discretion and the facts brought on record. We, thus, do not wish to interfere in such order based ..... X X X X Extracts X X X X X X X X Extracts X X X X
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