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2016 (5) TMI 1132 - AT - Income TaxPenalty u/s. 271(1)(c) - claim of exemption of salary in India as per Article 16(1) of the Treaty disallowed - assessee is a "Resident and Ordinarily Resident" individual - Held that:- Mensrea was a essential requirement of penalty u/s 271(1)(c). If the contention of the revenue is accepted then in case of every return where the claim is not accepted by the Assessing Officer for any reason, the assessee will invite the penalty u/s 271(1)(c). This is clearly not the intendment of legislature. See CIT vs. Reliance Petro Products Ltd.[2010 (3) TMI 80 - SUPREME COURT ]. Mere making the claim which is not sustainable in law, itself would not amount to furnishing of inaccurate particulars of income - Decided in favour of assessee
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