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TMI Blog2020 (7) TMI 431X X X X Extracts X X X X X X X X Extracts X X X X ..... r section 271(1)(c) of the Act for Rs. 95,441/- only. 3. The facts in brief are that the assessee in the present case is a partnership firm and its assessment was framed under section 143(3) r.w.s. 147 of the Act after making the addition of Rs. 3,08,865/-only to the total income of the assessee vide order dated 18-12-2017 on account of unaccounted sale. The AO in the assessment order initiated the penalty proceedings under section 271(1)(c) of the Act by issuing a show cause notice under section 274 of the Act. The AO finally levied the penalty for concealment of the particulars of income at Rs. 95,441/- being 100% of the amount of tax sought to be evaded. 4. Aggrieved assessee preferred an appeal to the learned CIT (A) who confirmed the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t may be the case that the AO has made addition at the rate of 1% of the total sales, but the facts remain that the sales to the extent of Rs. 3,08,86,570/- were not accounted for by the appellant in its books of account. Thus it can be said that the profit which was required to be disclosed by the appellant in its books of account on the basis of sales of Rs. 3,08,86,570/- was not disclosed and it was only when the case of the appellant was reopened u/s. 148 for the year under consideration that the appellant came forward and admitted such sales of Rs. 3,08,86,570/-. Thus it can not be said that the appellant had made suo-moto disclosure of the profit on the sales of Rs. 3,08,86,570/-. Considering these facts, it is held that the AO has co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t report which are not correct according to truth, and were furnished by the assessee with the dishonest intent shall be treated as inaccurate particulars. In holding so, we find support and guidance from the judgement of Hon'ble Supreme Court in the case of Reliance Petroproducts (P) Ltd (supra). We are not concerned in the present case with the mensrea. However, we have to only see as to whether in this case, as a matter of fact, the assessee has given inaccurate particulars. In Webster's Dictionary, the word "inaccurate" has been defined as :- "not accurate, not exact or correct; not according to truth; erroneous; as an inaccurate statement, copy or transcript." We have already seen the meaning of the word "particulars" in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er section 271(1)(c) of the Act. 9. Before we part with the issue/appeal as discussed above, it is pertinent to note that the clause (c) of rule 34 of the Appellate Tribunal Rules 1963 requires the bench to make endeavour to pronounce the order within 60 days from the conclusion of the hearing. However the period of 60 days can be extended under exceptional circumstances but the same should not ordinarily be further extended beyond another 30 days. In simple words the total time available to the Bench is of 90 days upon the conclusion of the hearing. However, during the prevailing circumstances where the entire world is facing the unprecedented challenge of Covid 2019 outbreak, resulting the lockdown in the country, the orders though subs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this lockdown period but also a few more days prior to, and after, the lockdown by observing that "In case the limitation has expired after 15.03.2020 then the period from 15.03.2020 till the date on which the lockdown is lifted in the jurisdictional area where the dispute lies or where the cause of action arises shall be extended for a period of 15 days after the lifting of lockdown". Hon'ble Bombay High Court, in an order dated 15th April 2020, has, besides extending the validity of all interim orders, has also observed that, "It is also clarified that while calculating time for disposal of matters made timebound by this Court, the period for which the order dated 26th March 2020 continues to operate shall be added and time shall stand e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the sky. It is a pragmatic tool of the social order. The tenets of law being enacted on the basis of pragmatism, and that is how the law is required to interpreted. The interpretation so assigned by us is not only in consonance with the letter and spirit of rule 34(5) but is also a pragmatic approach at a time when a disaster, notified under the Disaster Management Act 2005, is causing unprecedented disruption in the functioning of our justice delivery system. Undoubtedly, in the case of Otters Club Vs DIT [(2017) 392 ITR 244 (Bom)], Hon'ble Bombay High Court did not approve an order being passed by the Tribunal beyond a period of 90 days, but then in the present situation Hon'ble Bombay High Court itself has, vide judgment dated 15th Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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