In the result the appeal of the assessee is allowed
Bench: Sh. Udayan Dasgupta & Sh. Brajesh Kumar Singh
depreciation and expenses A/c.) 5.4 He further submitted that in this present case, since the AO has not noted any difference between returned income and assessed income, the very foundation of initiation of penalty is not present in this case. Further, in support of his argument he also referred to the judgment of the jurisdictional High Court in the case