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| The Tax Publishers2019 TaxPub(DT) 6306 (SC) : (2019) 267 TAXMAN 0488 INCOME TAX ACT, 1961
Section 261 and 271(1)(c)
Where the Department preferred SLP to appeal against the judgment of Bombay High Court in Pr. CIT v. Rajkumar Gulab Badgujar [ITA Nos. 897, 898, 901, 907, 914/2016, dt. 8-1-2019] : 2019 TaxPub(DT) 0761 (Bom-HC), whereby the High Court held that when there was no addition to the declared income in any of the years, penalty under section 271(1)(c) could not be levied particularly relying on Expln. 5A below section 271(1)(c) which would apply only in case of searched person, the Supreme Court dismissed the SLP, however, leaving the question of law open.
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Appeal (Supreme Court) - Special leave petition - Leviability - No addition to returned income of assessee
Department preferred SLP to appeal against the judgment of Bombay High Court in Pr. CIT v. Rajkumar Gulab Badgujar [ITA Nos. 897, 898, 901, 907, 914/2016, dt. 8-1-2019] : 2019 TaxPub(DT) 0761 (Bom-HC), whereby the High Court held that when there was no addition to the declared income in any of the years, penalty under section 271(1)(c) could not be levied particularly relying on Expln. 5A below section 271(1)(c) which would apply only in case of searched person. Held: The Supreme Court dismissed the SLP, however, leaving the question of law open.
REFERRED :
FAVOUR : SLP dismissed
A.Y. :
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