Fair market value under section 50C must reflect existing property condition, not hypothetical development, and statutory valuation steps must be foll...
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Penalty under Section 271(1)(c) was held inapplicable where an assessee disclosed the Hong Kong branch income and claimed treaty relief on the basis of a plausible legal interpretation. The disallowance resulted from a pure error of law because the India-China DTAA did not extend to Hong Kong at the relevant time, but the Department failed to prove concealment of income or furnishing of inaccurate particulars. The Court held that Dharmendra Textile Processors did not make penalty automatic on every disallowance; the statutory preconditions for penalty must still be satisfied. The penalty deletion was upheld and the Revenue's appeals were dismissed.
Penalty under Section 271(1)(c) was held inapplicable where an assessee disclosed the Hong Kong branch income and claimed treaty relief on the basis of a plausible legal interpretation. The disallowance resulted from a pure error of law because the India-China DTAA did not extend to Hong Kong at the relevant time, but the Department failed to prove concealment of income or furnishing of inaccurate particulars. The Court held that Dharmendra Textile Processors did not make penalty automatic on every disallowance; the statutory preconditions for penalty must still be satisfied. The penalty deletion was upheld and the Revenue's appeals were dismissed.
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