9911796707
TMI Blog2015 (8) TMI 1565X X X X Extracts X X X X X X X X Extracts X X X X ..... .K. Poddar, Sr. Adv. appears with Mr. A. Gupta, Adv., Mr. V. Tibrewal, Adv., and Mr. A. Agarwal, Adv., ..for the appellant. Mr. A.K. Ghosal, Sr. Adv., appears with Mr. S. Bhattacharyya, Adv., ..for the respondent ORDER The Court : These three applications for admission of appeal under section 260A of the Income Tax Act, 1961 are taken up for hearing analogously. At the outset it is to be no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Act considering the revised return and the computation filed on March 6, 2013. Pursuant to the assessment made, the assessee had paid taxes. Similarly, for the assessment year 2008-09, the assessee had filed the original return under section 139 of the said Act on September 30, 2008, declaring the total income as nil. Thereafter, the assessee had filed its revised return and the computation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tions 153/143(3) of the Act. The assessee had accepted the assessment and had paid taxes. It appears from each of the assessment orders that penalty proceedings were initiated under section 271(1)(c) of the said Act for furnishing inaccurate particulars of income. In appeal the CIT(A) upheld the penalty proceedings. Aggrieved, appeal was filed before the Tribunal. The Tribunal, by its consolidate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bunal, in its order, for the first time had dealt with section 271(1)(c) of the Act. Referring to a number of judgements cited, submission is since in penalty proceedings an assessee has the right to challenge the manner in which the assessments are made and as some of the findings in the order of the Tribunal are perverse, the appeals may be admitted on the substantial questions of law as set ou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re passed. Accepting the assessments taxes were paid. Thereafter, penalty proceedings have been initiated under section 271(1)(c) of the Act for concealment of particulars of income. We find that the Tribunal while dismissing the appeal filed by the assessee has dealt in its order, particularly in paragraphs 23 to 26 thereof, in detail every aspect, including the factual aspect of the matter. Thus ..... X X X X Extracts X X X X X X X X Extracts X X X X
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