Penalty u/s 271(1)(c)
This query is : Resolved
Querist : Anonymous
Querist :
Anonymous
(Querist)
15 January 2011
Hi Friends,
I want a case law, if available, for the following condition:
The assessing Officer issued a notice to the assessee. When assessee checked the notice he found that by mistake in earlier period he claimed brought forward losses on belated return. So he told it to the AO and paid the tax and interest on it. Later on the AO has issued penalty u/s 271(1)(c) to the assessee. But the assessee claimed the loss by mistake and suo moto he told it to the AO.
Is there any case law which can help the assessee now.
I want a case law, if available, for the following condition:
The assessing Officer issued a notice to the assessee. When assessee checked the notice he found that by mistake in earlier period he claimed brought forward losses on belated return. So he told it to the AO and paid the tax and interest on it. Later on the AO has issued penalty u/s 271(1)(c) to the assessee. But the assessee claimed the loss by mistake and suo moto he told it to the AO.
Is there any case law which can help the assessee now.
16 January 2011
You have not mentioned the section under which first notice was issued and you have deposited the tax.
You have deposited the tax against notice, so it is not a suo moto payment.
You have deposited the tax against notice, so it is not a suo moto payment.
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