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Section 271(1)(c)

Tax queries 312 views 2 replies

hello Experts

one of the may client has filed ITR4 for the AY 2012-2013 in repect of the relevent previous year and received a notice u/s 133(6) as on 5/9/2013 and another notice u/s 148 as on 8/10/2013, notice for income esceped assessement, and in reponse of the notic u/s 148 assessee filed a revised return on 31/10/2013 and declared an income, which was not shown in orginal return, of rupees 5,35,285 under the head capital gain,  on which tax, including interest, was paid on 29/10/2013. further, assessement was conducted u/s section 143(3) & 147 and asseessing officer found everything correct in respect of such capital gain & tax thereon , but however, on 19/12/2013 assessee received a notice u/s 271(1)(c) for penalty. so i want to know whether the assessee should pay the penalty amount  or insist on the ground that i have declared my ncome in revised ITR-4 and paid tax thereon, please explain with suitable case laws as soon as possible

 

Replies (2)
Latest Supreme Court judgment in 258 ITR is directly against you in which in almost similar circumstance, penalty has been held as justified.
Sorry. It is 358 ITR.


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