2009 (11) TMI 128

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..... nue, thus there is no concealment of income, held that the assessee is bona fide, the Tribunal has rightly set aside the penalty order. The appeal is dismissed. – Decision in favour of assessee – against the revenue
PRAKASH KRISHNA and SUBHASH CHANDRA NIGAM JJ. A. N. Mahajan, A. Kumar, B. J. Agarwal, D. Awasthi, G. Krishna, R. K. Upadhayay and S. Chopra for the appellant. None appeared for th .....

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..... n of income-tax declaring loss of Rs. 4,14,560. The said return was revised and the loss was enhanced to Rs. 7,25,980. The original assessment was completed under section 143(3)/144B at a total income of Rs. 30,02,710. An addition of Rs. 6,00,000 was made on account of unaccounted stock of dismantled peripherals. An explanation was asked from the assessee but the assessee failed to satisfy the Ass .....

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..... in appeal. It does not mean that the assessee has concealed particulars of the income. Having found so, that the explanation given by the assessee is bona fide, the Tribunal has rightly set aside the penalty order. 4. Learned standing counsel could not point out any error legal or factual in the order of the Tribunal. 5. This being so, we are of the opinion that the appeal is concluded by findin .....

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