Co-operative society's mandatory reserve and share capital fixed deposits with banks-interest treated as business income under 80P(2)(a)(iii) deductio...
Income tax reassessment reopening after four years on investigation tip, without s.147 proviso disclosure failure, struck down as borrowed satisfactio...
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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