2022 (2) TMI 502

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Y BHATTACHARYYA For the appellant: Mr. Debasish Chowdhury, Adv. Mr. Soumen Bhattacharyya, Adv. For the respondent: Ms. Swapna Das, Adv. Mr. Siddhartha Das, Adv. RE: GA/1/2020 [OLD NO:GA/732/2020) T.S. SIVAGNANAM, J. : We have heard Mr. Debasish Chowdhury, learned senior standing counsel for the appellant/revenue assisted by Mr. Soumen Bhattacharyya and Ms. Swapna Das, learned counsel assisted ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ct, in brevity) is directed against the order dated 24.1.2018 passed by the Income Tax Appellate Tribunal, "D" Bench, Kolkata (Tribunal) in ITA No.1641/Kol/2016 and C.O. No.54/Kol/2016 for the assessment year 2011-12. The revenue has raised the following substantial questions of law for our consideration. a. Whether on the facts and circumstances of the case and in law, the Learned Income Tax Ap....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... 143(3) of the Act completed the assessment and came to the conclusion that there was concealment of income and wrong claim has been made by the assessee stating that the expenses incurred for construction of a compound wall was a capital expenditure. The assessment order attained finality. The assessing officer initiated penalty proceedings under section 271(1)(c) on the two grounds on which the ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Income Tax (Appeals)-12, Kolkata (CIT(A)). Elaborate explanation was given which was considered by the CIT(A) and the penalty was deleted. Aggrieved by the same, the revenue preferred appeal before the Tribunal, which has been dismissed by the impugned order. On perusal of the order passed by the CIT(A), we find that the CIT(A) rightly held that merely because a wrong claim was made by the assess....