Penalty order quashed by HC as authorities up to ITAT level were not clear about facts

HIGH COURT OF DELHI Pramod Mittal Versus Commissioner of Income-tax IT Appeal NO. 67 OF 2012 OCTOBER 11, 2012 ORDER S. Ravindra Bhat, J. The following question of law arises for consideration in this appeal by the assessee: “Whether the Tribunal fell into error in upholding the penalty imposed under Section 271(1)(c) by the lower authorities on the ground that it (the assessee) had filed a return containing inaccurate particulars?” 2. The facts briefly are that the assessee was partner of a firm with his brother. The assessee succeeded to the business by way of fam...