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    <title>2024 (12) TMI 493 - ITAT KOLKATA</title>
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    <description>The ITAT Kolkata held that penalty under section 271(1)(c) was not leviable where the assessee had disclosed compensation income, which was later determined to be capital in nature and not taxable. The tribunal found no concealment as the compensation was compensatory and capital in nature, thus not includible in total income. Following judicial precedents, the tribunal directed deletion of the penalty since there was no difference between returned income and assessed income after excluding the non-taxable compensation amount.</description>
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      <link>https://www.taxtmi.com/caselaws?id=762913</link>
      <description>The ITAT Kolkata held that penalty under section 271(1)(c) was not leviable where the assessee had disclosed compensation income, which was later determined to be capital in nature and not taxable. The tribunal found no concealment as the compensation was compensatory and capital in nature, thus not includible in total income. Following judicial precedents, the tribunal directed deletion of the penalty since there was no difference between returned income and assessed income after excluding the non-taxable compensation amount.</description>
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