Itta/370/2014 Of The Commissioner Of Income Tax I v. Sri Devendra Surana

THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTISENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A. No. 370 of 2014 DATED:18.6.2014 Between:The Commissioner of Income Tax I,HyderabadAnd Sri Devendra Surana,Secunderabad … Appellant ….Respondent THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTISENGUPTA ANDTHE HON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A. No. 370 of 2014 Judgment:(per the Hon’ble the Chief Justice Sri Kalyan JyotiSengupta) We have heard Mr. J.V. Prasad, learned counsel for theappellant and have gone through the impugned judgment and orderof the learned Tribunal. We notice that the learned Tribunal, factually found that thethree (3) conditions for initiation of penalty proceedings are notsatisfied. It was found particularly that there is no concealment ofparticulars of income or furnishing of inaccurate particulars ofsuch income, though Mr. Prasad says that when it was detected,the assessee filed fresh returns. We are of the view that it is legally permissible to file freshreturns or revised returns and this was done. We do not think thatthere is any deliberate attempt in concealing the particulars ofsuch income by non-furnishing the inaccurate particulars of theincome. Hence, we dismiss the appeal as we find no illegality andinfirmity in the order of the learned Tribunal. Consequently, the miscellaneous petitions, if any pending,shall also stand dismissed. No order as to costs. __________________ K.J. SENGUPTA, CJ _________________ SANJAY KUMAR, J 18[th] June, 2014PNB/VA