Case Law Details
CIT Vs S. Kumar Tyres Manufacturing Co. Ltd. (Madhya Pradesh High Court)
Sub-Whether there can be any penalty u/s 271(1)(c) in respect of a debatable issue?
The Division bench of Madhya Pradesh High Court was considering department’s appeal when ITAT had given relief to the assessee by holding that there could not have been penalty u/s 271(1)(c) in respect of an amount of Rs 5.18 crores which was claimed as capital receipt while filing return of income but was not accepted till high court level and was adjudicated to be revenue receipt.
The High court accepting arguments of the assessee that this is a debatable issue and adjudicated it, therefore, it cannot be held that the assessee concealed the particular of the income.
In all fairness, the assessee disclosed the income, as per the advice given by his Tax Consultant / Chartered Accountant, as a business receipt, hence, the appellant tribunal has rightly held that it is not a case of concealment of particulars of income or non-furnishing inaccurate particulars of such income.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
Author Bio
