TMI Blog2014 (8) TMI 223X X X X Extracts X X X X X X X X Extracts X X X X ..... erefore, it is not a case where the petitioner has concealed any item, which is taxable but has only include it to be a amount in a particular head i.e. purchase price which is not permissible. It is a case where in the particulars and details supplied by the petitioner certain incorrect and erroneous claim is made which is not sustainable under law - imposition of penalty on concealment of fright charges is not correct. It is a case where the petitioner erroneously included the amount as it was included in the bill by the Manufacturer of Cement - Decided in favour of assessee. - W. P. No. 18644/2010 - - - Dated:- 25-3-2014 - Rajendra Menon And A. K. Sharma,JJ. For the Petitioner Shri Mukesh Agrawal, learned counsel For the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment passed and points out that while considering the question in the backdrop of Section 9(B) of the Commercial Tax Act, the learned Assessing Officer in his order Annexure P/1 dated 24.11.2008 has found that certain amount is claimed as the amount of price for purchase of cement from M/s Diamond Cements. It is found that this is not the entire purchase amount, this includes certain amount paid towards transportation and fright charges and as these amounts cannot be deducted, penalty is imposed on this amount on the ground of concealment. It is the case of the petitioner that the amount is disclosed in the return, there is no concealment and therefore, in the light of law laid down by the Supreme Court in the case of Commissioner of Income ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st price of product purchased i.e. cement. Therefore, it is not a case where the petitioner has concealed any item, which is taxable but has only include it to be a amount in a particular head i.e. purchase price which is not permissible. It is a case where in the particulars and details supplied by the petitioner certain incorrect and erroneous claim is made which is not sustainable under law. According to the Supreme Court in the law laid down in the case of Reliance Petroproducts Pvt. Ltd. (supra) this will not amount to concealment of income but would come in the category of an erroneous or incorrect deduction or adjustment made. It is held that it does not fall in the category of furnishing inaccurate particulars or concealment of inco ..... X X X X Extracts X X X X X X X X Extracts X X X X
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