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2004 (8) TMI 87 - HC - Income TaxPenalty – Revenue submits that there is a legal fiction introduced in Explanation 1 to section 271(1), that concealment, ipso facto, will attract penalty - it cannot be said that there is any legal fiction countenancing the establishment of mens rea. This is not a case of levy of tax for the differential amount of investment made on the construction of kalyana mandapam, but this is a case of levy of penalty on the said differential amount of tax. The amount of tax is always looked differently than the levy of penalty and in the case of levy of penalty, always there should be mens rea. There being no legal fiction and mens rea and the question raised being a question of fact recorded in favour of the assessee, no question of law arises – appeal of revenue dismissed
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