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Issues involved: Appeal against penalty levied u/s 271(1)(c) of the Income Tax Act for excess cash detected and unexplained investment in stock for the assessment year 2003-04.
Summary: The appellant's appeal was against the penalty imposed by the Assessing Officer (A.O.) for two additions: excess cash detected and unexplained investment in stock. The A.O. had levied a penalty of Rs. 4,98,500, which was confirmed by the CIT(A). The appellant's main grievance was regarding this penalty. The Tribunal had previously allowed partial relief to the appellant in the quantum appeal for both additions. For the excess stock addition, the Tribunal confirmed an amount lower than what was initially added by the A.O. The appellant argued that the penalty was not justified, citing previous tribunal decisions and a judgment of the Gujarat High Court emphasizing the need for a clear finding of concealment of income or furnishing inaccurate particulars. The appellant contended that the A.O. had not provided a clear finding in this regard in the penalty order. The Departmental Representative supported the lower authorities' orders. Upon review, the Tribunal found that the A.O. had failed to provide a clear finding regarding whether the appellant had concealed income or furnished inaccurate particulars. Citing a judgment of the Gujarat High Court, the Tribunal held that without a clear finding, the penalty could not be sustained. The Tribunal referenced previous cases where penalties were cancelled due to the absence of a clear finding on concealment of income or inaccurate particulars. Consequently, the Tribunal allowed the appellant's appeal, ruling that the penalty order could not be sustained due to the lack of a clear finding by the A.O. In conclusion, the appellant's appeal against the penalty levied u/s 271(1)(c) for excess cash detected and unexplained investment in stock for the assessment year 2003-04 was allowed by the Tribunal.
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