9911796707
TMI Blog1981 (1) TMI 107X X X X Extracts X X X X X X X X Extracts X X X X ..... rn showing an income of Rs. 59,220 and the finally assessed income after reduction in appeal comes to Rs. 66,310. The ITO has found that the assessee has not shown notional income from residential portion of property. The income from such residential portion was taken at Rs. 5,394 which has been confirmed in appeal. 3. Before the ITO it was submitted that the income in respect or residential po ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the assessee believed that no part of the income belonged to the HUF named Sadiram Ganga pd. The AAC considered the facts and held that primary facts had not been concealed and the inclusion of income was due to the difference of opinion between the Department and the assessee. He, therefore, held that this was not a fit case for imposition of penalty. 5. It has been submitted before us by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... art of this income had to be included in the income of the assessee when the whole of that income had been included in the hands of other assessees. In such circumstances, the non-disclosure of the property income could not be considered to be a concealment of income. The AAC was, therefore, right in cancelling the penalty under s. 271(1)(c). 7. In the result, the Departmental appeal is dismiss ..... X X X X Extracts X X X X X X X X Extracts X X X X
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