2008 (2) TMI 574

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..... t of the court was delivered by 1. C. N. Ramachandran Nair J.- This appeal is filed under section 260A of the Income-tax Act, 1961, against the order of the Tribunal confirming the penalty levied under section 271(1)(c) of the Act for the assessment year 1983-84. We heard counsel appearing for the appellant and senior standing counsel appearing for the respondent. On going through the Tribunal's .....

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..... voiding penalty should be voluntary and before detection of the concealed income by the Department. Since in this case assessee conceded income after the Department detected the same, the assessee cannot avoid penalty. It is seen that the amount of penalty levied is minimum payable under section 271(1)© of the Act. We, therefore, find no ground to interfere with the Tribunal's order. We therefore .....

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