Thursday, September 15, 2011

IF TWO VIEWS ARE POSSIBLE THAN ASSESSING OFFICERS SHOULD TAKE THE ONE FAVOURABLE TO THE ASSESSEE AND PENALTY FOR CONCEALMENT CANNOT BE LEVIED

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.

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