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TMI Blog2010 (7) TMI 1233X X X X Extracts X X X X X X X X Extracts X X X X ..... 4th Dec., 2009 passed by the Tribunal, Chennai 'C' Bench in ITA No. 203/Mad/2009 by formulating the following substantial question of law: Whether on the facts and in the circumstances of the case, the Tribunal was right in cancelling the penalty levied on the Assessee under Section 271(1)(c) holding that the revised return admitting a total income of Rs. 1,07,90,517 as against the income ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e IT Act on 9th March, 2006. On the basis of the revised return, the assessment was completed under Section 143(3) of the IT Act on the total income of Rs. 1,07,90,517. The AO has initiated penalty proceedings under Section 271(1)(c) of the IT Act on the ground that the revised return filed by the Assessee would amount to willful suppression and concealment of the income. (iii) Challenging the sai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r obtaining documents from M/s Apollo Hospital, it cannot be construed that the same has been filed voluntarily and hence the penalty is justified, since the Assessee has concealed this income. 5. It is seen from the records that the Assessee was never put on notice and there is nothing to suggest that he was aware of the documents obtained from M/s Apollo Hospitals. In order to fasten the penalty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (2008) 14 DTR (SC) 114 : (2008) 306 ITR 277 (SC). The said judgment relied upon by the first appellate authority was clarified in the subsequent judgment by the Hon'ble Supreme Court in the decision reported in the case of Union of India v. Rajasthan Spinning and Weaving Mills (2009) 23 DTR (SC) 158 wherein it has been held that there has to be a specific finding that the non-disclosure of in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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