TMI Blog2017 (8) TMI 1508X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessee. Appeal admitted. Once we have admitted the Appeal on substantial questions of law, we do not think that there is any justification for the Deputy Commissioner of Income Tax, Central Circle8( 1) to threaten the appellant/applicant with any prosecution. Even if such prosecution is launched, the same shall not proceed till the pendency of this Appeal. - INCOME TAX APPEAL NO. 785 OF 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proposes a penalty. 4. Prima facie , the ingredients of Section 271 of the Income Tax Act, 1961 (for short, 'IT Act'), which alone are relevant for this case, are clear. Section 271 (1) Clauses (c) and (d) are very clear and it would have to be indicated as to what is the act attributale, whether it is concealment of the particulars of income or furnishing of inaccurate particulars of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ht to have made his mind whether initiation of penalty is on account of furnishing of inaccurate particulars or concealment of income in accordance with the ratio laid down in the decision of this Honourable Court in CIT v. Samson Perinchery 392 ITR 4? 6. Heard both sides on the point of stay. 7. Once we have admitted the Appeal on substantial questions of law, we do not think that there is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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