Even if no tax was payable, the penalty was still leviable – SC

 Whether income returned was a profit or loss, was really of no consequence. Therefore, even if no tax was payable, the penalty was still leviable. It is in that context, to be noted that even prior to the amendment it could not be read to mean that if no tax was payable by the Assessee, due to filing of return, disclosing loss, the Assessee was not liable to pay penalty even if the Assessee had concealed and/or furnished inadequate particulars. The necessary consequence thereof would be that even if Assessee has disclosed NIL income and on verification of the record, it is found that certain income has been concealed or has wrongly been shown, in that case, penalty can still be levied. The aforesaid position is no more res integra and it stands answered in favour of the Revenue and against the Assessee.

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 4278 of 2010

[Arising out of SLP(C) No. 5241 of 2007] With

Civil Appeal No. 4279 of 2010

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