2011 (1) TMI 1520

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....ESPONDENT :SRI.S.ARUN RAJ JUDGMENT Ramachandran Nair, J. This is an appeal filed by the Revenue against the order of the Tribunal cancelling penalty levied under Section 271(1)(c) that was confirmed in first appeal. After hearing both sides and after going through the Tribunal's order, we are unable to sustain the order for the reason that they have not considered any of the facts or ....

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....nalty appeal. The Tribunal should have realised that the lower authorities are also familiar with the statutory provisions and when the penalty order is sustained by the first appellate authority, it was the duty of the Tribunal to bestow attention on the nature of addition sustained in assessment and to consider whether there is concealment within the meaning of Section 271(1)(c) in respect of ea....