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2012 (11) TMI 858 - HC - Income TaxImposition of Penalty u/s 271(1)(c) - Conscious and deliberate declaration of income under a wrong head - Whether change of opinion or concealment and furnishing of inaccurate particulars of Income - held that:- There was genuine difference of opinion between the assessee and the department regarding the taxing of a particular income ie rent received from letting out properties as to whether it was to be assessed under the head 'income of house property' or 'income from business' and therefore sec 271(1)(c) of the Act was not attracted - findings recorded by the Tribunal are based upon appreciation of evidence and material on record and do not suffer from any legal infirmity - appeal does not give rise to any substantial questions of law - appeal fails and is dismissed.
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