Penalty cannot levied on suo motu income declared in revised return 

Pr. CIT Vs Sterlite Opportunities and Ventures Ltd. (Bombay High Court)

revised return filed under Section 139(5) of the Act, was valid return of income filed by the Respondent on its own and not on the basis of any investigation/ discovery done by the department of inaccurate particulars in the original return of income. Thus, there is no basis for invoking Section 271(1) (c) of the Act.

FULL TEXT OF THE HIGH COURT ORDER / JUDGMENT

This Appeal under Section 260­A of the Income Tax Act, 1961 (the Act), challenges the order dated 22^nd January, 2014 passed by the Income Tax Appellate Tribunal (the Tribunal). The impugned order dated 22^nd January, 2014 is in respect of Assessment Year 2005­-06.

2. Revenue urges the following question of law, for our consideration:

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