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2013 (5) TMI 328 - HC - Income TaxBenefit of immunity - u/s 271(1)(c) clause (2) of explanation-5 - The question is, is it the requirement of the law that the return should be filed before the due date, in order to get the benefit of immunity? Held that:- In order to get benefit of immunity under clause (2) of explanation-5 to section 271(1)(c) of the Act, it is not necessary to file the return before the due date provided that the assessee had made a statement during the search, explained the manner in which the surrendered amount was derived, and paid tax as well as the interest on the surrendered amount. In the present case all conditions as detailed in clause (2) to explanation-5 were satisfied. Therefore assessee was entitled to the immunity. Thus, the appeal has no merit it is dismissed.
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