Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2015 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (1) TMI 60 - ITAT MUMBAIPenalty u/s 271(1)(c) – Held that:- The assessee had not been filing his ROI over the years, despite the fact that he had enjoyed overall taxable income - the factum of the assessee not filing the ROI despite having taxable income was unearthed when the department undertook search operations over the assessee - it was only after the search and after a considerably long gap of 17 months that the assessee finally filed his ROI - all these facts culminate into the positive assumption that the assessee is callous, and not inclined to pay taxes voluntarily - this has been proved by the CIT(A), when he made the observation, “further, even after search, the appellant had not filed the return of income for 17 months and taxes on the same were also not paid till the commencement of the appellate proceedings - it is also clear from the fact that the appellant did not contest the addition in appeal as he had nothing to say on the matter. The decision in CIT vs Reliance Petroproducts Ltd. [2010 (3) TMI 80 - SUPREME COURT] , is not applicable on the present facts as the present is a case where the assessee did not file his return of income even though he had taxable income. This is a clear case of concealment of income - the detection of the assessee having taxable income came to light only when the assessee was searched u/s 132 - this cannot be taken into the realm of assessee furnishing the details and disallowed by the revenue authorities - rather, it would fall into the category of concealment, with an intention to conceal the particulars of income and evade tax, which would squarely fall within the precinct of section 271(1)(c) – thus, the levy of penalty u/s 271(1)(c) is sustained – Decided against assessee.
|