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TMI Blog2013 (10) TMI 226X X X X Extracts X X X X X X X X Extracts X X X X ..... sposal of the appeal based on Board Circular is held to be not satisfactory - Decided against Revenue. - IT Appeal No. 198 of 2009 - - - Dated:- 19-2-2013 - D.V. Shylendra Kumar And B. SREENIVASE GOWDA, JJ. For the Appellant : K.V. Aravind. For the Respondent : Chandrashekar and R. Ramamurthy. JUDGMENT:- PER : D.V. Shylendra Kumar This appeal by the Revenue under section 260 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vy of penalty is concerned, the assessee had preferred an appeal to the Appellate Commissioner, but the Appellate Commissioner confirmed levy of penalty. 4. It is thereafter the assessee approached the Tribunal and the Tribunal under the impugned order has set aside the penalty. 5. The Tribunal held that penalty is levied not on actual basis but because of difference in valuation and the ficti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... istrar and enhanced stamp duty and registration charges paid by the assessee and on detection assessee admitted the enhanced market value and paid the tax and therefore there was concealment and furnishing of inaccurate particulars in the original return of income?" 7. However, when the matter came up for admission, Sri. Chandrashekar, learned counse1, for respondent assessee to whom notice ha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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