2015 (9) TMI 849

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....able Ms. Justice Harsha Devani ) 1. The appellant revenue in this appeal under section 260A of the Income Tax Act, 1961 (hereinafter referred to as "the Act") has challenged the order dated 27th February, 2015 made by the Income Tax Appellate Tribunal, Ahmedabad Bench 'A' in I.T.A. No.1960/Ahd/2011 by proposing the following question stated to be a substantial question of law:- "Whethe....

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.... appellant assailed the impugned order by submitting that the Tribunal has failed to consider that the penalty had been levied by the Assessing Officer as the assessee has shown additional income after the same was detected during the course of survey action under section 133A of the Income Tax Act. That the Tribunal had also failed to appreciate the fact that the assessee had filed his return bey....

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....ioner (Appeals). 5. From the findings recorded by the Tribunal, it is evident that the factum of deletion of addition in respect of non-deduction of tax by the assessee was not controverted by the revenue. The Tribunal has further found that the penalty had been levied on the amount which was reflected in the original return as income. That it was an undisputed fact that the assessee had declar....

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....cealment of particulars of income on the part of the respondent assessee and in fact, the Assessing Officer had proceeded on the basis of the return filed by the assessee and particulars furnished therein. Under the circumstances, in the absence of any concealment of the particulars of income or furnishing of inaccurate particulars of income on the part of the assessee, no infirmity can be found i....