Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2019 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (1) TMI 1261 - AT - Income TaxPenalty levied u/s 271(1)(c) - Failure to disclose the salary received from M/s HCL Technologies Ltd. and also failed to claim the TDS made by the M/s HCL Technologies Ltd. - reasonable cause on the part of the assessee u/s 273B - Held that:- Had the assessee claimed TDS made by the M/s HCL Technologies Ltd., then we may say that the assessee has concealed part of income or furnished inaccurate particulars of income. The very fact that the assessee has not claimed TDS made by the M/s HCL Technologies Ltd. shows that there was a reasonable cause on the part of the assessee in not disclosing the salary received from M/s HCL Technologies Ltd. Since the TDS was made by M/s HCL Technologies Ltd., the fact of salary received by the assessee from M/s HCL Technologies Ltd. is very much within the knowledge of the Department. This Tribunal is of the considered opinion that there was reasonable cause on the part of the assessee as provided in Section 273B of the Act. Hence, this is not a fit case for levy penalty under Section 271(1)(c) of the Act. - Decided in favour of assessee.
|