Hye to all my professional friends,
Undisclosed Source of Income
Yogesh Shah (Managing Corporate Finance) (1051 Points)
06 October 2009Yogesh Shah (Managing Corporate Finance) (1051 Points)
06 October 2009Hye to all my professional friends,
Vijay Karra
(Chartered Accountant)
(33 Points)
Replied 06 October 2009
THE PENALTY U/S.271(1)(c) IF IT PROVED THAT THE ASSESSEE HAD CONCEALED THE INCOME OR FURNISHED INACCURATE PARTICULARS OF INCOME. IT HAS TO BE PROVED THAT MENS REA EXISTS IN RESPECT OF CIRCUMSTANCES IN THE CASE I.E. THE ASSESSEE HAD INTENTION TO CONCEAL THE INCOME AND IT WAS NOT BONAFIDE MISTAKE.
HOWEVER, RECENTLY IN INDIRECT TAXATION, IN THE CASE OF DHARMENDRA TEXTILE, IT WAS FOLLOWED THAT EVEN IF THE ASSESSEE HAD NOT ANY INTENTION OF CONCEALING THE INCOME, THE PENALTY CAN BE LEVIED AS THE PENALTY IS IN RESPECT OF BREACH OF LAW WHICH IS CIVIL LIABILITY AND NOT CRIMINAL IN WHICH MENS REA HAS TO BE PROVED FOR PROSECUTION.
HOWEVER, IN MY VIEW, SINCE SECTION 271(1)(c) SPEAKS OF CONCEALMENT WHICH ITSELF MEANS "INTENTION TO HIDE SOMETHING" , PENALTY CAN NOT BE LEVIED IN RESPECT OF BONAFIDE MISTAKE MADE.
kapil kumar agrawal
(Chartered Accountant )
(169 Points)
Replied 06 October 2009
I think there will be penalty for concealment of income and assesseee shall be liable to par penalty equal to amount of tax sought to be evaded...
Mens Rea concept in Direct tax law specifies that assessee had intention to do contravention.. court always assume that assessee had wrong intention even if such non disclosure is due to bonafide mistake...
Assessee has to prove that he has no wrong intention..
so assessee shall be liable to pay penalty along with interest u/s 234
Thanx
Rajeev
(www.rkmco.com)
(985 Points)
Replied 06 October 2009
It will be treated as concealment and provisons of 271(1)(c) is attracted . First amount will be added to income , tax to be paid on that , and 100% to 300% penalty . The concealor doesnt look that fortunate :)
You cant even hide u/s 273B in this type of concealment and penalty will definitely be levied
Yogesh Shah
(Managing Corporate Finance)
(1051 Points)
Replied 07 October 2009
Originally posted by :Rajeev | ||
" | It will be treated as concealment and provisons of 271(1)(c) is attracted . First amount will be added to income , tax to be paid on that , and 100% to 300% penalty . The concealor doesnt look that fortunate :) You cant even hide u/s 273B in this type of concealment and penalty will definitely be levied |
" |
Thnx to all of you Guys, for your replies !!!