2009 (1) TMI 436

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....he Revenue is in appeal against the order of the Income-tax Appellate Tribunal and they have raised the following question: "Whether on the facts and circumstances of the case and in law, the hon'ble Tribunal has erred in deleting the penalty observing that as the assessee had not filed return of income on the ground that the assessee had concealed or furnished inaccurate particulars of income?....

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....on or after the 1st day of April, 1989, and until the expiry of the period aforesaid, no notice has been issued to him under clause (i)..." 4. By the Finance Act, 2002, with effect from April 1, 2003, the words "who has not previously been assessed under this Act" were omitted. 5. We are concerned with the assessment year 1997-98. In other words, what we have to see is the provision as it th....