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Income Tax

Specific Concealment of Income has to be established for levy of Penalty

Case Law Details

Case Name
M/s. Chaurasia & Sons. Vs I.T.O. (ITAT Kolkata)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2003-2004
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Brief of the Case In the case of Ms. Chaurasia & Sons. Vs. I.T.O the Hon’ble Kolkata ITAT held that mere confirmation of addition will not lead to conclusion that penalty is leviable, unless it is established that assessee has concealed its income. The assessee’s representative conceding the evasion of tax is of no consequence because assessee cannot be made to suffer for the wrong advice of counsel. Facts of the Case The assessee had filed its return of income showing total income of Rs.29,660/-. The assessment was completed under section 143(3) at Rs.40,70,677/-, which was revised to...
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