Assessee, while computation of long term capital gains on sale of debentures, inadvertently arrived at the cost of acquisition after taking indexation benefit. Consequently, AO imposed penalty under section 271(1)(c) for furnishing inaccurate particulars of income. On appeal, the Tribunal held that since no information given by assessee in its return of income was found to be incorrect; therefore wrong computation of capital gains cannot be considered as furnishing inaccurate particulars of income and hence deleted the penalty. ( AY.2010-11)
DCIT v. Shahrukh Khan (2018) 66 ITR 168 / 194 TTJ 777 / 53 CCH 055/ 172 DTR 73 (Mum.)(Trib.)
S. 271(1)(c) : Penalty – Concealment – Capital gains- Cost of acquisition- In case of inadvertent mistake in computation of income by assessee, no penalty can be imposed for furnishing inaccurate particulars of income. [ S.45 ]