COMMISSIONER OF INCOME TAX Vs. HARNARAIN

JUDGEMENT

(1.) : The present appeal filed by the Department under S. 260A of the IT Act, 1961 (hereinafter referred to as the 'Act') was admitted on the following substantial question of law :

(2.) DESPITE service of notice none appeared on behalf of the respondent/assessee and the matter has been determined in their absence.

(3.) IT was submitted on behalf of Ms. Suruchii Aggarwal, learned counsel for the Revenue, that when the assessee offered the gift for taxation, it was clearly established that the assessee did not disclose his true income in the return of income filed by him and, therefore, the penalty had been correctly levied by the AO and, consequently, the order dt. 28th Feb., 2007 passed by the CIT(A) and the impugned order dt. 22nd Dec., 2009 passed by the Tribunal deserved to be interfered with.