LAWS(DLH)-2008-1-232

R K CHAUDHARY @ RAJAN Vs. RAM PRAKASH

Decided On January 07, 2008
R K CHAUDHARY @ RAJAN Appellant
V/S
RAM PRAKASH Respondents

JUDGEMENT

(1.) In this appeal under Section 260(A) of the Income Tax Act, 1961 ('Act'), the Revenue is aggrieved by an order dated 17th February, 2006 passed by the Income Tax Appellate Tribunal, Delhi Bench 'G' in ITA No. 2747/Del/2005 relevant for the assessment year 2001-02.

(2.) By the order under appeal, the Tribunal allowed the appeal filed by the Assessee challenging the levy of penalty under Section 271(1)(c) of the Act. The penalty was set aside by the Tribunal on the ground that the Assessing Officer had not recorded any satisfaction in the assessment order regarding the concealment of income or for furnishing inaccurate particulars by the Assessee. The Tribunal relied on the decision of this Court in Commissioner of Income Tax v. Ram Commercial Enterprises Limited (2000) 246 ITR 568.

(3.) Admit.