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Penalty under section 271(1)(c) is not leviable where a taxpayer fully discloses a slump-sale transaction, consideration and negative net worth, but computes capital gains by treating negative net worth as nil on a bona fide legal interpretation. A claim that is ultimately unsustainable does not amount to furnishing inaccurate particulars merely because a quantum addition is sustained or not contested. Divergent Tribunal views and admission of a substantial question of law support the conclusion that the treatment of negative net worth was genuinely debatable. The penalty deletion was sustained and the Revenue's appeal failed.
Penalty under section 271(1)(c) is not leviable where a taxpayer fully discloses a slump-sale transaction, consideration and negative net worth, but computes capital gains by treating negative net worth as nil on a bona fide legal interpretation. A claim that is ultimately unsustainable does not amount to furnishing inaccurate particulars merely because a quantum addition is sustained or not contested. Divergent Tribunal views and admission of a substantial question of law support the conclusion that the treatment of negative net worth was genuinely debatable. The penalty deletion was sustained and the Revenue's appeal failed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4916 
