Penalty u/s 271(1)(c) was imposed despite the assessee ...

Penalty Imposed for Withdrawn LTCG Exemption Overturned; No Evidence of Concealment or False Particulars Found.

July 16, 2024

Case Laws     Income Tax     AT

Penalty u/s 271(1)(c) was imposed despite the assessee withdrawing the exemption claim u/s 10(38) for Long Term Capital Gain (LTCG) on sale of penny stocks and offering the corresponding amount as income from "Other sources" in the return filed in response to notice u/s 148. The Tribunal held that the Assessing Officer failed to dislodge the bona fide explanation of the assessee for withdrawing the LTCG exemption claim and offering the amount as income from "Other sources". Explanation 3 to Section 271(1)(c) deems income disclosed in the return filed u/s 148 as concealed income only in specific circumstances, which were not applicable in the assessee's case. No inaccurate particulars or concealment of income were found, and the assessee withdrew the exemption claim and offered the amount as income to avoid litigation. Since penalty proceedings u/s 271(1)(c) are quasi-criminal, the assessee cannot be penalized in the absence of conclusive evidence of furnishing false particulars.

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