sitemapHome | Registration | Job Portal for CA's | Expert Exchange | Currency Converter | Post Matrimonial Ads | Post Property Ads
News shortcuts: From the Courts | News Headlines | VAT (Value Added Tax) | Placements & Empanelment | Various Acts & Rules | Latest Circulars | New Forms | Forex | Auditing | Direct Tax | Customs and Excise | ICAI | Corporate Law | Markets | Students | General | Mergers and Acquisitions | Continuing Prof. Edu. | Budget Extravaganza | Transfer Pricing | GST - Goods and Services Tax
Latest Expert Exchange
From the Courts »
 Eaton Fluid Power Limited vs. ACIT (ITAT Pune)
 Pr. CIT vs. Veedhata Tower Pvt. Ltd (Bombay High Court)
 Mahaveer Kumar Jain vs. CIT (Supreme Court)
  Shantivijay Jewels Ltd vs. DCIT (ITAT Mumbai)
 Minda SM Technocast Pvt. Ltd vs. ACIT (ITAT Delhi)
 Meta Plast Engineering P. Ltd. vs. ITO (ITAT Delhi)
 Shantivijay Jewels Ltd vs. DCIT (ITAT Mumbai)
  Amod Shivlal Shah vs. ACIT (ITAT Mumbai)
 The Shri Saibaba Sansthan Trust (Shirdi) vs. UOI (Bombay High Court)
  Pr CIT vs. JWC Logistics Park Pvt. Ltd (Bombay High Court)
 ITO (Exemptions) vs. Chandigarh Lawn Tennis Association (ITAT Chandigarh)

CIT vs. Jindal Polyester & Steel Ltd (Allahabad High Court)
May, 13th 2014

No s. 271(1)(c) penalty for concealment under normal provisions if s. 115JB book profits assessed

No doubt, there was concealment but that had its repercussions only when the assessment was done under the normal procedure. The assessment as per the normal procedure was, however, not acted upon. On the contrary, it is the deemed income assessed u/s 115JB which has become the basis of assessment as it was higher of the two. Tax is thus paid on the income assessed u/s 115JB. Hence, when the computation was made u/s 115JB, the concealment had no role to play and was totally irrelevant. Therefore, the concealment did not lead to tax evasion at all and no penalty u/s 271(1)(c) is leviable (CIT vs. Aleo Manali Hydro Power (attached) & Nalwa Sons Investment 327 ITR 543 (Del) (SLP dismissed) followed).

 

Home | About Us | Terms and Conditions | Contact Us
Copyright 2018 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
Article Management Solutions System Article Management Software S

Transfer Pricing | International Taxation | Business Consulting | Corporate Compliance and Consulting | Assurance and Risk Advisory | Indirect Taxes | Direct Taxes | Transaction Advisory | Regular Compliance and Reporting | Tax Assessments | International Taxation Advisory | Capital Structuring | Withholding tax advisory | Expatriate Tax Reporting | Litigation | Badges | Club Badges | Seals | Military Insignias | Emblems | Family Crest | Software Development India | Software Development Company | SEO Company | Web Application Development | MLM Software | MLM Solutions