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TMI Blog2009 (7) TMI 30X X X X Extracts X X X X X X X X Extracts X X X X ..... ment year 1977-78:- 1. "Whether on the facts and in the circumstances of the case, the Tribunal is right in holding that penalty proceedings under Section 271(1)(c) of the I.T. Act, 1961 had been validly initiated by the Assessing Officer? 2. Whether on the facts and in the circumstances of the case, the Tribunal was justified in upholding the penalty especially when Assessing Officer levied the penalty on a/c of willfully and deliberately concealing the particulars of income whereas it has been sustained by the CIT (A) on a different ground of showing inaccurate particulars of income in the return? 3. Whether on the facts and in the circumstances of the case, the finding recorded by the Tribunal regarding concealment of particulars of i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... present it to be income from property which was actually sold by her. It was represented to be income from that property and thereby it was attempted to represent that property had not been sold. Therefore, it has been argued by the ld. D.R. that it was a case of concealment. It has also been urged by the Ld. D.R. that the assessee had at her disposal legal advice and the return had been filed under legal advice and the column prescribed in the return for showing capital gain was deliberately left blank. Not only that, the advocate representing the assessee attended the assessment proceedings also and it cannot be inferred that the assessee had any wrong advice or had some mis-conception about taxability of capital gain. It has also b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n shares. It was held by the Hon'ble Calcutta High Court that it was the duty of the assessee to disclose all primary facts. The ld. D.R. has, on the basis of aforesaid decision, contended before us that by mere filing an application for obtaining clearance certificate, the assessee cannot be said to have disclosed particulars and any benefits on her appeal cannot be assumed on that basis. 14. Looking to the entire facts and circumstances of the case, we find that bona fides on the part of the assessee are not reflected at all. This is a clear case of concealment of particulars of income. 15. It has also been brought to our notice by the Ld. D.R. that the assessee has been convicted by the Ld. Chief Judicial Magistrate, Chandigarh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cribed the same as "concealing the particulars" cannot be upheld. The observations of the CIT (A) are also in the context of concealing and mere fact that mention of inaccurate particulars was also made, did not make any difference. On admitted facts, it was clear that the assessee had concealed the particulars of income as well as given inaccurate particulars. We may also notice that in recent judgment of the Hon'ble Supreme Court in UOI Vs. Dharamendra Textile Processors, 2008 (13) SCC 369, overruling the view taken in Dilip N. Shroff Vs. CIT, 2007 (6) SCC 329, it was observed that parameters for determining criminal liability under Section 276-C were different from those applicable to determining civil liability for penalty under S ..... X X X X Extracts X X X X X X X X Extracts X X X X
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