Case Law Details
RELEVANT PARAGRAPHS :
5.6 There cannot be a straight jacket formula for detection of these defaults of concealment or of furnishing inaccurate particulars of income and indeed concealment of particulars of income and in accurate particulars of income may at times overlap. It depends upon the facts of the each case. In the assessment proceedings the ITO while ascertaining the total income chargeable to tax would be in a position to detect the specific or definite particulars of income concealed or of which false particulars are furnished.
Where in the constituents of income returned, such specific or definite particulars of income are detected as concealed, then even in the total income figure to that extent they reflect, it would amount to concealment to that extent. In the same way where specific and definite particulars of income are detected as inaccurate, then such figure will also make the total income inaccurate in particulars to the extent it does not include such income. In other words the Assessing Officer cannot invoke provision of section 271(1)(c) on the basis/routine and general presumptions. Whether it be a case of only concealment or of only inaccuracy or both, the particulars of income so vitiated would be specific and definite and be known in the assessment proceedings by the ITO, who on being satisfied about each concealment or inaccuracy of particulars of income would be in a position to initiate the penalty proceedings on one or both of the grounds of default as may have been specifically and directly detected.
5.7 In addition to main provisions of concealment “has concealed the particulars of his income” or “has furnished inaccurate particulars of such income” there are deemed to represent the income in respect of which particulars have been concealed. The deemed concealment is provided in explanations. Often a question arose whether in cases where additions or dis allowances made by the ITO the penal provisions of section 271 (1)(c) would attract. Explanation 1 takes care of this situation. The explanation to section 271(1) of the Act reads as under:-
Explanation 1.-Where in respect of any facts material to the computation of the total income of any person under this Act,-
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Pl. advice, In one case the i.t.o made addition in the income u/s 68 which is confirmed by the c.i.t.(a) and the assessee has gone for appeal before the tribunal. the appeal is pending before the tribunal and in the meantime the ito has imposed penalty u/s 271(1)(c) against which the assessee has filed appeal before c.i.t. (a). we have stated before the c.i.t.(a) that the matter of penalty be kept in abeyance till disposal of appeal by the tribunal but the cit (a) dosent agree but wants us to argue the appeal against penalty on merit. Is our contention to keep the matter of appeal against penalty in abeyance right? If so please quote case law, if any.
Regards.
Sir, I have been issued a notice u/s 271(1)(c) for late depositing of TDS. Please explain about this reply