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[2007] 292 ITR 163 (BOM.) HIGH COURT OF BOMBAY Jyoti Laxman Konkar v. Commissioner of Income-tax SMT. RANJANA DESAI AND N. A. BRITTO, JJ. TAX APPEAL NO. 9 OF 2006 JULY 10, 2006 Section 271(1)(c) of the Income-tax Act, 1961 - Penalty - For concealment of income â–  Where after a discrepancy was detected during survey under section 133A, assessee filed a revised return declaring additional income, Assessing Officer as well as Tribunal having come to conclusion that assessee had filed initial return dishonestly with a view to conceal income and revised return was filed out of compulsion after detection of same during survey, no question of law arose from Tribunal's order upholding levy of penalty [Assessment year 1999-2000] After a discrepancy was detected during survey under section 133A, the assessee filed a revised return declaring additional income. The Assessing Officer held that the said income was suppressed by the assessee and imposed penalty under section 271(1)(c). The Tribunal upheld the penalty. Held that the Assessing Officer as well as the Tribunal having come to the conclusion that the assessee had filed the initial return dishonestly with a view to conceal income and the revised return was filed out of compulsion after detection of the same during survey, no question of law arose from the Tribunal's order upholding the levy of penalty. JUDGMENT N.A. Britto, J.- T his is an appeal filed by the assessee under section 260A(1) of the Income-tax Act, 1961 ("the Act", for short). Heard Mr. S.V. Pikale, learned counsel on behalf of the appellant/assessee, and Mr. S.R. Rivonkar, the learned Government advocate on behalf of the respondent/Revenue. The assessee had filed a return on November 25, 1999, for the as sessment year 1999-2000 declaring an income of Rs. 7,40,510. Not satisfied therewith, the Assessing Officer carried out a survey under section 133A of the Act and during the survey found that there was a discrepancy in stock to the tune of Rs. 18,28,706 which was brought to the notice of the assessee and the assessee filed a revised return disclosing additional income of Rs. 18,28,706, and the Assessing Officer found that the said income was…

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