2017 (1) TMI 109

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....SC, FOR INCOME TAX DEPT. JUDGMENT Thottathil B.Radhakrishnan, J. 1.We have heard the learned counsel for the appellant and the learned Senior counsel for Government of India (Taxes). 2. In modification of the questions of law on which notice has been issued at the time of admission, we recast the following as the only substantial question of law arising for decision in this case: "On the fa....

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....d adverse to the interest of the assessee mulcting the assessee with liability by way of penalty fixed at the minimum possible. 4.Going by the submissions on behalf of the assessee and the Revenue, we see that the plea of the assessee is built on the admitted position, where the assessee does not dispute the addition made in the assessment. The question whether the assessee was eligible to any le....

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....e, we are of the considered opinion that the learned Tribunal ought to have weighed the effect of the certificate issued under Section 230A as well as the material facts and particulars to determine as to whether there is any concealment or inaccuracy in the particulars furnished to render a final decision on the appeal filed by the Revenue against the decision of the CIT (Appeals). We are afraid ....