2012 (12) TMI 1040

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....nt Member) This is assessee's appeal directed against the order of Ld. CIT(A) IV, Baroda dated 29.10.2009 for the assessment year 2000-01. The grounds raised by the assessee are as under: "Because H'ble CIT (A) erred in confirming penalty levied U/s 271(1) ( c ) of Rs. 23,02,326/- for difference in the stock between the stock statement given to the bank with only intention to conti....

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....L'nd A.O. therefore there is no question of mens rea or willful concealment." 2. At the very outset, it was submitted by the Ld. A.R. that this issue is covered in favour of the assessee by the tribunal order in the assessee's own case for the assessment year 2001-02 in I.T.A.No. 75/Ahd/2010 dated 28.09.2012. He submitted a copy of this tribunal decision. He also submitted that the order of....