TMI Blog2000 (9) TMI 996X X X X Extracts X X X X X X X X Extracts X X X X ..... tes to the order of the Income-tax Appellate Tribunal, Delhi Bench "A" (in short the "Tribunal"). By its order dt. 30th June, 1999, in ITA No. 7398 (Del) of 1992, penalty to the extent of Rs. 1,69,900 imposed under s. 271(1)(c) of the Act was cancelled. 2. The factual position in a nutshell is as follows: The assessee a partnership firm was engaged in execution of civil construction works. In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar. The bill for the particular month is made at the end of the month. The work executed during the period is measured and the bill is prepared. Thereafter the bill is sent to the clients for verification of the amount and specification and for approval for payment. This took some time. Therefore, the running bills for the month of December, 1987, were accounted for in the next year. The plea did ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... atter was carried in appeal before the Tribunal. Taking note of the factual position as highlighted above, the Tribunal was of the view that the assessee was not guilty of any contumacious conduct or any gross or wilful neglect. Accordingly, penalty was cancelled. 3. Learned counsel for the Revenue submitted that the return for the year 198990 was submitted after the detection of the discrepancy ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bout the stand of the assessee regarding absence of any tax effect. We find that the Tribunal on consideration of the factual position came to hold as follows: "We have carefully considered the facts and circumstances of the case, the material, to which our attention was invited and the rival submissions. What appears from the penalty order is that the assessee has been held guilty of concealing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the addition of Rs. 3,08,401 no penalty was exigible under s. 271(1)(c) of the IT Act. The orders of the authorities below are set aside. In the result, the appeal is allowed." 5. Though it cannot be laid down as a principle of universal application that whenever an addition is made on a concession, penalty is not to be levied, the factual position in each case has to be considered and the backg ..... X X X X Extracts X X X X X X X X Extracts X X X X
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