2008 (6) TMI 598 - HC - Income Tax

Summary

Issues involved: Whether the penalty imposed by the Assessing Officer was rightly deleted by the ITAT u/s 271 of the Income-tax Act.

Summary:
1. The only point urged by the revenue was that the ITAT wrongly deleted the penalty imposed by the Assessing Officer, citing section 271 of the Income-tax Act. The penalty was imposed on the assessees for concealment of income. However, the ITAT found that there was no deliberate concealment as the assessees had disclosed all details in the returns filed before receiving notice under section 148 of the Act. The delay in filing the returns was condoned by the Assessing Officer. The ITAT concluded that there was no deliberate concealment of income, even though discrepancies were present in the balance sheet filed by the assessees.

2. The ITAT's decision was based on the fact that the assessees had disclosed all material facts relevant to the computation of their income. It was established that the assessees had indeed disclosed all necessary facts, even though the returns were filed late and the delay was condoned. Therefore, it was held that the assessees had proven the disclosure of all material facts related to the computation of their total income.

3. Consequently, the appeals were dismissed as there was no merit in challenging the ITAT's decision to delete the penalty imposed by the Assessing Officer.