2009 (1) TMI 436

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..... naccurate particulars of income?” Held, (i) that the effect of Explanation 1 to section 271(1)(c) of the Income Tax Act, 1961, was not an issue either before the assessing officer or the Commissioner (Appeals) or before the Tribunal. The question did not arise out of the order of the Tribunal and could not be considered by the High Court.(ii) that there was a categorical finding that the assessee .....

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..... r furnished inaccurate particulars of income?" 2. In the instant case, what is relevant are the provisions of section 271(1)(c) which reads as under: "(1) If the Assessing Officer or the Commissioner (Appeals) or the Commissioner in the course of any proceedings under this Act is satisfied that any person—. (c) has concealed the particulars of his income or furnished inaccurate particulars .....

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..... hat we have to see is the provision as it then stood previous to its amendment. There is a categorical finding that the assessee had earlier filed returns. Penalty is sought to be imposed on the ground of failure to file returns. The wording in section 271(1)(c) are in case where returns have not been filed or furnished inaccurate particulars of income. Clearly the assessee's case would not fall u .....

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