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    <title>2009 (5) TMI 130 - ITAT DELHI-G</title>
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    <description>The case involved a search and seizure operation under the Income-tax Act, leading to penalty proceedings against the assessee for allegedly concealing income. The Judicial Member and CIT(A) found the surrender of income to be voluntary and not a result of detection by the Revenue, emphasizing the absence of mens rea. The Accountant Member disagreed, viewing the surrender as non-voluntary and the gifts as unsubstantiated. The Third Member concurred with the Judicial Member, affirming the CIT(A)&#039;s decision to delete the penalty, concluding that mere omission does not constitute concealment without intent to hide income. The Revenue&#039;s appeals were dismissed.</description>
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    <pubDate>Mon, 11 May 2009 00:00:00 +0530</pubDate>
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      <title>2009 (5) TMI 130 - ITAT DELHI-G</title>
      <link>https://www.taxtmi.com/caselaws?id=65502</link>
      <description>The case involved a search and seizure operation under the Income-tax Act, leading to penalty proceedings against the assessee for allegedly concealing income. The Judicial Member and CIT(A) found the surrender of income to be voluntary and not a result of detection by the Revenue, emphasizing the absence of mens rea. The Accountant Member disagreed, viewing the surrender as non-voluntary and the gifts as unsubstantiated. The Third Member concurred with the Judicial Member, affirming the CIT(A)&#039;s decision to delete the penalty, concluding that mere omission does not constitute concealment without intent to hide income. The Revenue&#039;s appeals were dismissed.</description>
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      <pubDate>Mon, 11 May 2009 00:00:00 +0530</pubDate>
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