Can a penalty be levied U/S 271(1)(c) by an AO on a revised return which has already been treated by the AO as invalid return U/S 139(9)?
Penalty on Revised Return U/S 271(1)(c)
Prabeer (B. COM (H) CA & CS Final) (5484 Points)
22 December 2009
CA.Tarun Maheshwari
(CA, DISA)
(7150 Points)
Replied 22 December 2009
271(1)(c) is on concealment of income, not for invalid revised return. There must be some additional facts involved. Pls clarify.
kabirsen
(student)
(251 Points)
Replied 22 December 2009
no it wont be imposed. first of all a defective return has no existence in eyes of law. secondly the itr filed subsequently is a belated return and the assessee is voluntarily disclosing his income. he is not filing a return in response to any assessment notice.
CA. Megha Topiwala
(Job)
(1534 Points)
Replied 22 December 2009
yeh... penalty can b imposed u/s 271(1)(c) ..... validity of revised return is immeterial...