Case Law Details
Case Name : Commissioner of Income Tax Vs DCM Limited (Delhi High Court)
Appeal Number : ITA No. 1266/2009
Date of Judgement/Order : 03/08/2011
Related Assessment Year :
Courts :
All High Courts Delhi High Court
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If two views are possible than Assessing Officers should take the one favourable to the Assessee and penalty for concealment cannot be levied. CIT Vs Mahavir Irrigation Pvt Ltd (Delhi High Court)– In this case, there is no finding that any details supplied by the assessee in its Return were found to be incorrect or erroneous or false. Such not being the case, there would be no question of inviting the penalty under Section 271(1)(c) of the Act. A mere making of the claim, which is not sustainable in law, by itself, will not amount to furnishing inaccurate particulars regarding the income of the assessee. Such claim made in the Return cannot amount to the inaccurate particulars.
IN THE HIGH COURT OF DELHI AT NEW DELHI
SUBJECT : INCOME TAX ACT
Judgement Reserved on: 2nd November, 2010 Please become a Premium member. If you are already a Premium member, login here to access the full content.
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