Case Law Details
Pur Opale Creations Ltd. Vs DCIT (ITAT Ahmedabad)
It is an undisputed fact that the assessee has disclosed particulars of loss in sale of assets before the authorities below. Instead of treating a loss as capital loss the assessee has treated the same as business loss and therefore, it cannot be said to have not disclosed all the material to the computation of income. We do not find a minimum element of concealment of income by the assessee in the case in hand and thus the penalty proceeding initiated against the assessee is found to be without any valid basis.
FULL TEXT OF THE ORDER OF ITAT AHMEDABAD
The instant appeal filed by the assessee is directed against the order dated 06.02.2017 passed by the Commissioner of Income Tax (Appeals)-2, Vadodara arising out of the penalty order dated 25.03.2014 passed by the DCIT, Circle-3(1), Baroda under Section 271(1)(c) of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for A.Y. 2007-08.
2. The assessment was finalized upon making addition on the following counts:
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