9911796707
TMI Blog2015 (7) TMI 739X X X X Extracts X X X X X X X X Extracts X X X X ..... naccurate particulars attracting penalty under Section 271(1)(c) of the Income Tax Act, for the relevant assessment year. - Decided in favour of assessee. X X X X Extracts X X X X X X X X Extracts X X X X ..... ersity in the point which is raised before us. It is one thing for someone to say that the order is perverse and it is another thing that a particular finding of fact is perverse, thereby establishing the aspect of perversity. Whichever order which may ultimately be set aside by the appellate forum or the higher authority, basing on certain well settled legal principles, merely because the same was erroneous, need not be perverse or cannot be called as perverse. 4. In the facts of the present case, the Tribunal had recorded a finding in the penalty proceedings that the assessee had purchased agricultural lands and for a good number of years had offered income as agricultural income on account of the assessee earning income on leasing of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... making of the claim, which is not sustainable in law, by itself, will not amount to furnishing inaccurate particulars regarding the income of the assessee. Such claim made in the return cannot amount to the inaccurate particulars. 5. In fact, the Tribunal had also taken into consideration of the law laid down by the Punjab & Haryana High Court in Sidhartha Enterprises 322 ITR 82, wherein it was held as under: The judgment of the Supreme Court in Union of India vs. Dharamendra Textile Processors & Ors. (2008) 219 CTR (SC) 617 : (2008) 306 ITR 277 (SC) cannot be read as laying down that in every case where particulars of income are inaccurate, penalty must follow. What has been laid down is that qualitative difference between criminal liabi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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