2013 (12) TMI 846

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....shing items. On 15.11.2000 survey at the premises of assessee was undertaken under Section 133-A of the Income Tax Act, 1961. Return was filed by the assessee declaring the income of Rs.83,157/- on 21.3.2002. The case was taken up for scrutiny and the assessing authority concluded the assessment under Section 143(3) and a total income of Rs.9,64,940/- was found. Subsequently on rectification being undertaken under Section 154 on 14.2.2005 the correct income was determined at Rs.15,88,504/-. However, during the course of assessment under Section 143(3) the assessing authority found that the declaration of stock done by the assessee was not tallying with the physical survey done a difference of Rs.9,00,000/- was found unaccounted with regard ....

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....peal has been filed by the revenue under Section260-A of the I.T. Act. Shri Sanjay Lal, learned counsel for the petitioner took us through the orders passed by the appellate authority and the appellate tribunal, the reasons given by the authorities and tried to emphasize that for the purpose of imposing the penalty under Section 271(1)(c) mens rea is not an essential ingredient and once concealment of income is established no discretion is available to the competent authority to interfere with the penalty imposed or to modify it. It is stated that in perverse manner the interference is made by the appellate authority and the tribunal and, therefore, the appeal be admitted on the questions formulated in the memorandum. We have heard le....