1998 (11) TMI 94 - HC - Income Tax

Summary

Issues Involved:
The judgment addresses the following Issues:
1. Sufficiency of disclosure in Part III of the return of income for the assessee to discharge their burden under the Income-tax Act, 1961.
2. Deletion of penalty imposed by the Inspecting Assistant Commissioner under section 271(l)(c) of the Income-tax Act, 1961.
3. Whether the assessee concealed income particulars or furnished inaccurate particulars, and the correctness of the Appellate Tribunal's finding.
4. Justification of not upholding the penalty under section 271(l)(c) based on the explanation provided by the assessee regarding the amount disclosed in Part III of the return.

Summary:
The court considered the case where the assessee disclosed cash credit in their books of account as monies borrowed, but the Revenue found the explanation unsatisfactory, leading to penalty proceedings. The Tribunal's decision was based on the disclosure in Part III of the return, concluding that it absolved the assessee from concealing income particulars. However, the court emphasized that mere disclosure does not negate the possibility of furnishing inaccurate particulars. The Tribunal erred in not considering the accuracy of the disclosure and stopping the inquiry prematurely. The court highlighted the need for a thorough inquiry into the accuracy of disclosures before determining penalty imposition. Referring to previous cases, the court concluded that disclosure alone does not exempt the assessee from scrutiny of the accuracy of the disclosed particulars. Therefore, the court answered the reframed question in the negative, in favor of the Revenue.