2019 (1) TMI 398

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.... S. Sridhar, Advocate For the Respondent : Shri V. Nandakumar, JCIT ORDER PER N.R.S. GANESAN, JUDICIAL MEMBER: This appeal of the assessee is directed against the order of the Commissioner of Income Tax (Appeals) -8, Chennai, dated 18.01.2017 for the assessment year 2011-12, confirming the penalty levied by the Assessing Officer under Section 271(1)(c) of the Income-tax Act, 1961 (in s....

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....V. Nandakumar, the Ld. Departmental Representative, submitted that the Assessing Officer after due verification found that the land in question is not an agricultural land. Therefore, according to the Ld. D.R., the claim of the assessee as agricultural land in the return of income amounts to concealment of particulars of income, hence, the Assessing Officer has rightly levied the penalty. 4. We....

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....p duty cannot be a sole factor for determining that the land in question is not an agricultural land. 5. It is a common knowledge that in many areas, the Registration Department for the reasons best known to them, has classified the lands even though the classification in the revenue records stand as wet land or dry land. This Tribunal is of the considered opinion that if the land is classified....