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2004 (10) TMI 38 - HC - Income TaxPenalty - Whether Tribunal was correct in confirming the penalty on the ground of concealment of Rs. 15,000 under section 271(1)(c)?" - The concealment had already been detected by the Income-tax Officer at the time when the return declaring nil income was filed. Even otherwise, no benefit can be derived from the mere fact that the applicant had filed a revised return declaring her income at Rs. 15,000. Since the Explanation to section 271(1) of the Act as inserted by the Finance Act, 1964 was clearly attracted, the onus was on the applicant to prove that there was no fraud or any gross or wilful neglect on her part and it was not deliberate. The applicant having failed to do so, the penalty had rightly been imposed.
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