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TMI Blog2017 (3) TMI 102X X X X Extracts X X X X X X X X Extracts X X X X ..... the AO u/s. 271(1) ( c) of the Act in the facts and circumstances of the case. 3. The brief facts of the case that the assessee is an individual and a Doctor by profession. However, the assessment u/s. 147/143(3) of the Act was completed on 22-22-2011, wherein the AO made the fol lowing additions: Under the Heads The amount of addition Income from House Property Rs.31,020/ - Income from other sources Rs.62,097/ - 4. According to AO, the assessee owner of two house properties and did not disclose the notional rental income of Rs. 31,020/- on one of such property as required u/s. 23(4)(b) of the Act and the interest income of Rs. 62,097/- i.e income from other sources in the original return. Thus, for non disclosure of the sam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. 31.020/ - as income from House Property and Rs. 62,097/ - as interest income. The argument of the appellant is not correct that I voluntarily declared income from House Property of Rs. 31,020/ - and Rs. 62,097/ - on Bank interest because the appellant shown the above income in response to the not ice u/s. 148 of the IT Act 1961. Therefore, the income disclosed by the appellant is not voluntarily dis closure of income. The appellant concealed the income to the tune of Rs. 31,020/ - as income from house property and Rs . 62,097/ - as interest from bank by not showing the above income in return of income filed originally by the appellant . Therefore, I am agree with the view that the AO rightly imposed the penalty of Rs. 28,773/ - u/s. 271 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itted to incorporate the above stated income. There was no fault in the earlier years in disclosing the same. 11. At this juncture we find important to reproduce the provisions as specified in explanation 1 to section 271 (1) of the Act which reads as under "Explanation 1.-Where in respect of any facts material to the computation of the total income of any person under this Act,- (A) such person fails to offer an explanation or offers an explanation which is found by the Assessing Officer or the Commissioner (Appeals) or the Commissioner to be false, or (B) such person offers an explanation which he is not able to substantiate (and fails to prove that such explanation is bona fide and that all the facts relating to the same and material ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the assessee. If he fails to discharge that burden, the presumption that he had concealed the income or furnished inaccurate particulars thereof is available to be drawn. However in the instant case the assessee has explained the reasons for not including the particulars of income as discussed above which appears to be bonafide considering the facts and circumstances of the case. 13. We are, therefore, of the view that the assessee could not be said to have filed "false" returns when it did not include the amount of interest and notional house property income in the taxable income in the above facts & circumstances. we also find force in the submissions of the Ld.AR that the assessee is old aged and disclosure of amounts in revised and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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