2010 (8) TMI 1183

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..... CCOUNTANT MEMBER- In all these appeals of the Revenue its grievance is that the penalty levied by the A.O for the respective assessment years on the assessee under sec. 271(1)(c) of the Income-tax Act, 1961 ('the Act' for short) was deleted by the CIT(Appeals). 2. When the matter came up for hearing, ld. counsel for the assessee pointed out that similar levy of penalty in the assessee' .....

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..... decision dated 02-07-2010 of this Tribunal in the case of another assessee called Dr. Madan Mohan Reddy in ITA Nos. 132 to 136/Mds/2010 where similar levy of penalty was deleted by this Tribunal. 4. We have perused the orders and heard the rival contentions. Assessee was an Orthopedic Surgeon working as a Consultant with Apollo Hospitals, Chennai. There were certain investigations made by the Depa .....

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..... ribed under sec. 139(5) of the Act would make no difference whatsoever here. As held by the Hon'ble jurisdictional High Court in assessee's own case for asst. year 2005-06 in Tax Case (Appeal) No. 520 of 2010 dated 5-7-2010, there has to be a specific finding that non- disclosure of income was willful and deliberate. Here the assessee had filed revised returns for all the impugned assessme .....

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