M/S. GODWIN MARIA VISUVASAM,CHENNAI vs. ITO, COIMBATORE
In the result, the appeal of the assessee is allowed
ITA 1911/CHNY/2013[2006-07]Status: DisposedITAT Chennai06 Jul 2016AY 2006-07
Bench: Shri Chandra Poojari & Shri G.Pavan Kumar
For Appellant: Mr.S.Sridhar,AdvocateFor Respondent: Mr.Duraipandian,D.R
Section 143(1)Section 143(3)Section 271(1)(c)
…reported in [2001]249 ITR 125(Guj.), there is a difference in “facts not proved” and “facts disproved”. It is further held that penalty can be levied only for the latter. Similar view has been taken in CIT v. Vidyagauri Natverlal & Ors., reported in [1999] 153 CTR 546 (Guj). Being so, in the present case, the explanation given by the assessee not disproved by the ld. Assessing Officer, as such there is no conclusive evidence to show that assessee has concealed particulars of income or furnished inaccurate particulars of income. ITA No.1911/Mds./2013 :- 6 -: 4.3 Further regarding agricultural income, the as…