Expl 1 to Section 271(1)(c)

[PANKAJ JAIN]

Expl.1 to section 271(1)(c) provides for the presumption regarding the concealment of income in case where icome is enhanced/expenses are disallowed.

Q.1.Would this explanation also applies in the case of proceedings  initiated for "Furnishing of inaccurate particulars"?

Q.2.If no, whether SC decision in the case of Anwar Ali still hold good law in case of furnishing of inaccurate particukars of income?

[probal_shome]

I am also interested in this question because there is no difference between concealment and furnishing of particulars. Both cases are punishable equally. So i feel that the presumption will apply because otherwise it means that a perosn who files inaccurate particukars is better off than a person who conceal. I am interested to know that if there is case law on the subject or how to argue in favour of the query?

regards,

Probal.

[PANKAJ JAIN]

I will beg to differ...I dont think that both are equal as "concealment" is a question of law and "inaccurate particulars" is basically a question of fact and  therefore the presumtion should not apply to the matter involving question of fact. Even the expl. only talks about concealment........Please check on this and revert.........