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2018 (1) TMI 603 - KERALA HIGH COURTPenalty u/s 271(1)(c) - proof of concealment or furnishing of inaccurate particulars of income - Held that:- The sum total of the reasoning of the Tribunal is that since the details were available on the material filed by the assessee before the Assessing Officer, the assessee cannot be said to have furnished inaccurate particulars of his income or concealed any part of his income. If the concealment or furnishing of inaccurate particulars of income is an act committed by the assessee at the time of filing the return, the liability of the assessee or the culpability of the assessee is his conduct at the time when he filed the return. In such a case, even if it is assumed that concealment of the income was invented by the Assessing Officer from the details that are furnished by the assessee, that does not amount to a disclosure made by the assessee nor does it absolve the assessee from the concealment of income or furnishing of inaccurate particulars of income. Obviously therefore, the reasoning of the Tribunal is patently illegal. Therefore, we set aside the orders passed by the Tribunal and restore the order passed by the Assessing Officer. - Decided against assessee
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