2015 (8) TMI 1565

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....E JUSTICE MIR DARA SHEKO Mr. N.K. Poddar, Sr. Adv. appears with Mr. A. Gupta, Adv., Mr. V. Tibrewal, Adv., and Mr. A. Agarwal, Adv., ..for the appellant. Mr. A.K. Ghosal, Sr. Adv., appears with Mr. S. Bhattacharyya, Adv., ..for the respondent ORDER The Court : These three applications for admission of appeal under section 260A of the Income Tax Act, 1961 are taken up for hearing analog....

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....er was made under sections 153C/143(3) of the Act considering the revised return and the computation filed on March 6, 2013. Pursuant to the assessment made, the assessee had paid taxes. Similarly, for the assessment year 2008-09, the assessee had filed the original return under section 139 of the said Act on September 30, 2008, declaring the total income as nil. Thereafter, the assessee had fi....

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....er had passed the assessment order under sections 153/143(3) of the Act. The assessee had accepted the assessment and had paid taxes. It appears from each of the assessment orders that penalty proceedings were initiated under section 271(1)(c) of the said Act for furnishing inaccurate particulars of income. In appeal the CIT(A) upheld the penalty proceedings. Aggrieved, appeal was filed before ....

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....efer to section 271(1)(c) of the said Act, the Tribunal, in its order, for the first time had dealt with section 271(1)(c) of the Act. Referring to a number of judgements cited, submission is since in penalty proceedings an assessee has the right to challenge the manner in which the assessments are made and as some of the findings in the order of the Tribunal are perverse, the appeals may be ad....