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The Tax Publishers Rajni Dang v. ITO [ITA No. 2968/Del/2014, dt. 4-4-2016] : 2016 TaxPub(DT) 2139 (Del-Trib) Concealment penalty whether leviable *Facts:* Assessee had sold a shop along with 8 others on which capital gain was offered on querying by the assessing officer. Thus assessing officer found it to be concealment and levied concealment penalty of INR 4900 also upheld by the Commissioner (Appeals). On appeal - assessee had made written submissions to ITAT decided it ex parte. Held in favour of the assessee that no penalty is leviable. It was noticed that the assessing officer commented that assessee furnished inaccurate particulars but in what manner and how was not put forth thus the concealment was not established, hence it fails. The penalty amount involved makes the decision an interesting read.

The Tax Publishers

Rajni Dang v. ITO [ITA No. 2968/Del/2014, dt. 4-4-2016] : 2016 TaxPub(DT) 2139 (Del-Trib)

Concealment penalty whether leviable

Facts:

Assessee had sold a shop along with 8 others on which capital gain was offered on querying by the assessing officer. Thus assessing officer found it to be concealment and levied concealment penalty of INR 4900 also upheld by the Commissioner (Appeals). On appeal - assessee had made written submissions to ITAT decided it ex parte.

Held in favour of the assessee that no penalty is leviable. It was noticed that the assessing officer commented that assessee furnished inaccurate particulars but in what manner and how was not put forth thus the concealment was not established, hence it fails. The penalty amount involved makes the decision an interesting read.