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TMI Blog2016 (11) TMI 722X X X X Extracts X X X X X X X X Extracts X X X X ..... ng which the mining is to be conducted - Held that:- Disclosure and concealment cannot co-exist. When a finding is recorded that disclosure was indeed made then the conclusion as regards concealment is bad. Furthermore, it cannot also be said that the assessee had furnished inaccurate particulars of income. This is so because there was no material on record to indicate that the particulars furnish ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessment year 2005-06 by which the learned Tribunal dismissed an appeal preferred by the Revenue. The aggrieved Revenue has once again come up in appeal. The following substantial question of law was formulated on February 8, 2010 when the appeal was admitted : "Whether in the facts and circumstances of the case, the learned Tribunal erred in law by overlooking the fact of acceptance o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The assessee accepted that order and revised the subsequent returns. In the facts of the case, both the Commissioner of Income-tax (Appeals) and the learned Tribunal were of the opinion that it was not possible to hold that the assessee furnished inadequate particulars or concealed his income. 3. Mr. Dhudhoria, learned advocate for the Revenue did not draw our attention to any point of substance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icate that the particulars furnished by the assessee were factually incorrect. As held in Reliance Petroproducts [2010] 322 ITR 158 (SC) (supra) merely making a claim which is not sustainable in law by itself will not amount to furnishing inaccurate particulars regarding the income of the assessee." 4. In that view of the matter, the question is answered in the negative and against the Reven ..... X X X X Extracts X X X X X X X X Extracts X X X X
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