COMMISSIONER OF INCOME TAX Vs. MANIBHAI AND BROS.

JUDGEMENT

(1.) THE following questions are referred for the opinion of this Court:

(2.) HEARD Shri M.R. Bhatt, learned Counsel for the Revenue.

(3.) THERE is no dispute on the facts that the assessee has claimed depreciation on the same line as he has claimed in the asst. yr. 1981 -82 and that depreciation was not allowed in the asst. yr. 1981 -82. Just thereafter, he has filed revised return for the year 1983 -84 and not claimed the depreciation. To conceal the fact regarding the claim, and wrongly claimed deduction, they are two different types of cases. If somebody has wrongly claimed some deduction under some bona fide mistake that cannot be considered for penalty under Section 271(1)(c) of the IT Act. The CIT(A) and the Tribunal both have found that there was no intention to conceal the facts for claiming depreciation.