|Question And Answer|
|Subject:||271(1)c, Concealment penalty|
|Answered by:||Advocate Neelam Jadhav|
|Tags:||concealment, Concealment penalty, penalty|
|Date:||July 17, 2022|
What are the consequences of 271(1)C ? also how to prove and how to solve 271 1c ?
Depends on facts . Burden is on the assesseee to prove that there was no concealment . It is desirable to file a detail submission on facts to demonstrate that the claim is bonafide . In Price Waterhouse Coopers Pvt. Ltd. v. CIT (2012) 348 ITR 306/253 CTR 1/77 DTR 153/211 Taxman 40 (SC) the Court held that inadvertent, human error, bonafide mistake, Levy of penalty is not justified .In CIT v. Reliance Petroproducts (P) Ltd. (2011) 220 Taxation 278/(2010) 36 DTR 449/322 ITR 158/189 Taxman 322/230 CTR 320 (SC) the Court held that mere making of a claim not maintainable in law, will not amount to furnishing of inaccurate particulars. Merely because the assessee claimed of deduction of interest expenditure has not been accepted by the Revenue, penalty under section 271(1)(c) is not attracted.
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