TaxTMI 
TaxTMI 
2005 (11) TMI 62
X X X X Extracts X X X X
X X X X Extracts X X X X
....?" 2. Mr. Dipak Deb, learned senior counsel representing the Department, pointed out that this is a ground on fact, not a substantial question of law. In fact, as it appears from the ground, it seems to be misleading. The ground, if we read properly, may be coined as such: "Whether, on the facts and circumstances of the case, the wrong calculation on the basis of mistaken indexation could be treated to be furnishing of wrong particulars or concealment of income within the meaning of section 271(1)(c) of the Income-tax Act, 1961?" The submission of the Department: 3. Mr. Deb next contended that so far as section 271(1)(c) of the Income-tax Act, 1961, is concerned, originally the word "deliberately" was used in the section but it was omi....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ng calculation is also distinguished from concealment. He drew our attention to the relevant facts which are admitted and contended that all particulars were disclosed. On the basis of such particulars, the calculation could be made and it was so made by the Assessing Officer. Therefore, there is no scope for applying section 271(1)(c). Section 271(1)(c): Whether can be attracted: 6. We have heard the respective counsel for the parties. It appears that the provisions contained in section 271(1)(c) are penal in nature. It visits the assessee with civil consequences. Therefore it has to be interpreted strictly. As rightly contended by Mr. Deb, the statute has to be interpreted in the manner it has expressed its intention. Neither the Tribun....
X X X X Extracts X X X X
X X X X Extracts X X X X
....herefore, it is a mere calculation which was found to be wrong or mistaken. The basis of calculation was also found to be a mistaken indexation. This was sought to be explained by the assessee as a mistake and confusion and the fact remains that the assessee represented himself and not through a lawyer. Be that as it may, the representation by the assessee himself without the lawyer would not be a ground if it is found that there is a wrong furnishing of particulars or a concealment. 10. A calculation can never be a furnishing of wrong particulars, on the other hand, calculation. is made on the basis of the particulars. If the particulars are furnished and the calculation is to be made on the basis of an indexation for which a formula exis....