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TMI Blog2018 (11) TMI 1908X X X X Extracts X X X X X X X X Extracts X X X X ..... of the assessee, for which the assessee failed to give any explanation or his explanation was found to be false, then qua that addition it will be deemed that the assessee has concealed income. Both these situations are contradictory to each other in the above order. Therefore, this order is not sustainable in view of decision of Hon ble Gujarat High Court [ 2012 (12) TMI 981 - HIGH COURT OF GUJARAT] Similar finding in para-6 are being recorded in the cases of other two assesses. In view of the above discussion, penalties in the case of each assessee are not sustainable. We allow all three appeals, and delete penalty imposed by the AO. Decided in favour of assessee. - ITA No. 2388/Ahd/2016, 2389/Ahd/2016, 2390/Ahd/2016 - - - Dated:- 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ccurate particulars. In the present cases, the ld.AO failed to record this categorical finding. For buttressing his contentions, he took us through penalty orders as well as assessment order wherein the ld.AO did not spell out his specific thought processing, whether he wished to visit assessee with penalty for concealment of income or furnishing of inaccurate particulars. The ld.DR, on the other hand, relied upon the orders of the Revenue authorities, and submitted that the AO has imposed penalty for concealment of income. 4. We have duly considered rival contentions and gone through the record carefully. Hon ble Gujarat High Court has considered this aspect in the case of Snita Transport (supra). Reference to para 9 of this judgment is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ect the Bench observed that Now the language of and/or may be proper in issuing a notice as to penalty order or framing of charge in a criminal case or a quasicriminal case, but it was incumbent upon the IAC to come to a positive finding as to whether there was concealment of income by the assessee or whether any inaccurate particulars of such income had been furnished by the assessee. No such clear cut finding was reached by the IAC and, on that ground alone, the order of penalty passed by the IAC was liable to be struck down. 5. A perusal of the above paragraph would indicate that the Hon ble High Court found that user of expression and/or in between concealment of income or furnishing of inaccurate particulars while inviting exp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny addition is being made to the total income of the assessee, for which the assessee failed to give any explanation or his explanation was found to be false, then qua that addition it will be deemed that the assessee has concealed income. Both these situations are contradictory to each other in the above order. Therefore, this order is not sustainable in view of decision of Hon ble Gujarat High Court cited supra. Similar finding in para-6 are being recorded in the cases of other two assesses. In view of the above discussion, penalties in the case of each assessee are not sustainable. We allow all three appeals, and delete penalty imposed by the AO. 7. In the result, appeals of the assessee are allowed. Order pronounced in the Court o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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