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2005 (11) TMI 62 - HC - Income TaxScope for applying section 271(1)(c) - Whether, the wrong calculation on the basis of mistaken indexation could be treated to be furnishing of wrong particulars or concealment of income. - HELD THAT:- There is a distinction between furnishing of wrong particulars and making a wrong calculation on the basis of the particulars furnished. If the particulars are furnished then there cannot be any question of concealment. A mistaken calculation is distinct from concealment. A mistaken indexation would not amount to furnishing of wrong particulars nor concealment within the scope of section 271(1)(c) a penal provision to be construed strictly. Thus, we do not find any substance in the submission of Mr. Deb to the extent that calculation would also amount to an indirect concealment or a wrong furnishing of particulars, as was held by the learned Tribunal. In our view, the wrong calculation on the basis of a mistaken indexation does not come within the purview of section 271(1)(c). Hence, the appeal succeeds and is allowed. The question, as reframed in this order, is answered in the negative.
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