ORDER SHEET ITA 240 of 2004 IN HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE C. I. T. KOLKATA - I Versus BRINDAVAN BOTTLERS LTD. BEFORE: Hon'ble JUSTICE GIRISH CHANDRA GUPTA Hon'ble JUSTICE ARINDAM SINHA Date : 13th March, 2015. For Appellant : Mr.P.K.Bhowmik,Advocate For Respondent : Mr.S.Das,Advocate Court : order under challenge is dated 29th December, 2003 passed by learned Income Tax Appellate Tribunal allowing appeal preferred by assessee. learned Tribunal set aside order of CIT (Appeal) upholding order of penalty imposed under section 271(1)(c) of Income Tax Act. Aggrieved by order of learned Tribunal, revenue has come up in appeal. return filed by assessee was return of loss. assessing officer, however, resorted to assessing income of Rs.13 lakhs approximately which was duly paid. But merely on that basis assessing officer also started proceedings 2 under section 271(1)(c) and imposed penalty of Rs.5,80,079/- which was affirmed by learned CIT (Appeal). learned Tribunal has upheld contention of assessee that omission to compute liability under section 115JA per se cannot be considered as concealment of income. There is no denial of fact that all relevant particulars were truly disclosed. Under general assessment it was case of loss but for purpose of Minimum Alternative Tax, assessment of profit at sum of Rs.13 lakhs approximately was possible which was made but it was not in dispute that such assessment was made on basis of facts and figures disclosed by assessee and therefore, there has been no omission to disclose facts and figures. It was merely second approach to self same facts and circumstances. Therefore, question of assessee being penalized for alleged concealment does not arise. Therefore, we are inclined to think that learned Tribunal took correct view. appeal is, thus, dismissed. (GIRISH CHANDRA GUPTA, J.) (ARINDAM SINHA, J.) ssaha AR(CR) C. I. T. Kolkata - I v. Brindavan Bottlers Ltd