Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2002 (12) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2002 (12) TMI 57 - GUJARAT HIGH COURTPenalty under section 271(1)(c) – concealment - It is not in dispute that before the proceedings with regard to initiation of penalty and rectification started, the assessee had informed the Assessing Officer under his letter dated July 11, 1981, that he had committed mistakes in totalling and this fact denotes that the assessee was not having guilty mind. It is true that the assessee had already received the notice dated July 4, 1981, at the relevant time, but when the Tribunal has come to a conclusion that the assessee had no intention of concealing particulars of his income or misguiding the Assessing Officer by making incorrect totals it would not be proper to come to a different conclusion. It is a settled legal position that the finding of fact, which might be arrived at by the Tribunal, should not be interfered with by this court while giving its opinion under the provisions of section 256 of the Act. – penalty not leviable
|