Penalty u/s 271(1)(c)- penalty leviable if tax payable nil

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Assessee, An Individual has been assessed to tax and offered NIL tax return showing Income as Rs. 9,000/- as SB Interest.

subsequently in assessement proceedings it was noticed that the assessee was having two houses and assessee offered one for taxation, amount being Rs. 96000/-, below taxable limit

AO initiated penalty proceedings u/s 271(1)(c), is the penalty proceedings valid?

Pls answer with the help of relevent case law or provisions and sub provisions.....!!!!!

Thanks in Advance

Replies (2)

Dear Chintan,

it is possible to ivoke provision of section 271 (1) (c) even when the income of the assessee is below exemption limit and tax payable is nil. I have few decisions on that but will not be able to provide you before a day or two due to some reasons. I'll surely give it to you asap.

Thanks

JCIT Vs Saheli Leasing & Industries Ltd. (Supreme Court of India)

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