CA ANANT KUMAR (B.COM(H)) (100 Points)
09 February 2011Can CIT impose penalty u/s 271 1c in case an assessee has computed her capital gain under the head of STCG but CIT under scrutiny processed her STCG as business income due to frequent sale/ purchase of shares/MF?But it is not so.Give reply with relevant case law,if possible..
Pavan Jain S
(Chartered Accountant)
(1575 Points)
Replied 09 February 2011
The levy of penalty u/s 271(1)(c) shall be levied only when there is a positive act on the part of the assessee as to concealment of income or furnishing of inaccurate particulars of income. It has to be shown beyond doubt that the assessee had disclosed the gains under STCG instead of business income with an intent to evade tax. Where there are possibility of two opinion on a question and the AO adopts one such view, no penalty can be levied.
Refer to CIT V. Reliance Petro Products [2010] (SC)
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