TMI Blog2019 (1) TMI 543X X X X Extracts X X X X X X X X Extracts X X X X ..... position and were satisfied that the contentions advanced by the assessee were bona fide. Thus, we find that no substantial question of law arises for consideration in these appeals. - decided against revenue - Tax Case Appeal Nos.982 & 983 of 2018 & CMP.No.23401 of 2018 - - - Dated:- 2-1-2019 - Mr.Justice T.S. Sivagnanam And Mr. Justice N. Sathish Kumar For the Appellant : Mr.T.R.Senthilkumar, SSC COMMON JUDGMENT T.S.SIVAGNANAM, J. These appeals by the Revenue under Section 260A of the Income Tax Act, 1961 (for short, the Act) are directed against the common order dated 17.4.2014 in ITA No.1618/Mds/2013 and C.O.No.152/ Mds/2013 on the file of the Income Tax Appellate Tribunal Madras 'D' Bench (for brevity, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Income Tax, Circle II, Coimbatore under Section 271(1)(c) of the Act dated 29.6.2012 for the assessment year 2008- 09. The CIT(A), after taking into consideration the factual matrix, found that the action of the assessee did not lack any bona fide and that the assessee, having paid taxes on 12.9.2011 before receipt of the notice under Section 148 of the Act dated 12.9.2011, which was dispatched on 13.9.2011 and received by the assessee on 15.9.2011 and allowed the appeal filed by the assessee on 30.5.2013. 5. At this juncture, it would be relevant to take note of the factual findings recorded by the CIT(A) in the said order dated 30.5.2013 : ....As already discussed above, notice under Section 148 (12.9.2011) was issued by the Inc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee might have been compelled by the circumstances to surrender the additional income, the facts clearly show that the revised return along with the payment of taxes was brought to the notice of the Department before the issue of notice under Section 148 of the Income Tax Act. In these circumstances, it cannot be held that the assessee has concealed the particulars of income from the Department. Considering the facts of the case, the details and the sequence of events, in my opinion, the filing of return or offering of the long term capital gains to tax has to be considered as voluntary in nature and the Assessing Officer is directed to delete the penalty levied under Section 271(1)(c). 6. The Revenue challenged the said order dated 30. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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