TMI Blog2004 (8) TMI 87X X X X Extracts X X X X X X X X Extracts X X X X ..... s is not a case of levy of tax for the differential amount of investment made on the construction of kalyana mandapam, but this is a case of levy of penalty on the said differential amount of tax. The amount of tax is always looked differently than the levy of penalty and in the case of levy of penalty, always there should be mens rea. There being no legal fiction and mens rea and the question rai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s as under: "Explanation 1 to section 271(1): Where in respect of any facts material to the computation of the total income of any person under this Act, - (A) such person fails to offer an explanation or offers an explanation which is found by the Assessing Officer or the Commissioner (Appeals) or the Commissioner, to be false, or (B) such person offers an explanation which he is not able t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s looked differently than the levy of penalty and in the case of levy of penalty, always there should be mens rea. There being no legal fiction and mens rea and the question raised being a question of fact recorded in favour of the assessee, that too concurrently by both the Commissioner of Income-tax and the Income-tax Appellate Tribunal, no question of law arises for consideration by this court, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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