Penalty u/s 271(1)(c)
This query is : Resolved
10 October 2013
I had voluntarily surrender the expenses of Rs 300,000. Is penalty u/s 271(1)(C) to be imposed on me ??
Nikhil Kaushik
(Expert)
10 October 2013
there are both positive and negative case laws on this issue. You may refer to Pune ITAT judgment in the case of employees of Tetra Pak India Limited.
https://www.kpmg.com/Global/en/IssuesAndInsights/ArticlesPublications/taxnewsflash/Documents/india-march7-2013no2.pdf
On other other hand, if there is no bonafide explanation provided, penalty may be levied: K.P. Madhusudhanan Vs. CIT (2001) 251 ITR 99 (Supreme Court), and Mr. Jai Inder Singh, V/s. Income-tax Officer, W ard 2423/1, Surekha Building, 28 (1), Room no. 213, G.B. Road,Delhi-6 Drum Shape Building, New Delhi
Thus the important point to consider is that the assessee should be able to provide reason amending expense claim etc
https://www.kpmg.com/Global/en/IssuesAndInsights/ArticlesPublications/taxnewsflash/Documents/india-march7-2013no2.pdf
On other other hand, if there is no bonafide explanation provided, penalty may be levied: K.P. Madhusudhanan Vs. CIT (2001) 251 ITR 99 (Supreme Court), and Mr. Jai Inder Singh, V/s. Income-tax Officer, W ard 2423/1, Surekha Building, 28 (1), Room no. 213, G.B. Road,Delhi-6 Drum Shape Building, New Delhi
Thus the important point to consider is that the assessee should be able to provide reason amending expense claim etc
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