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Section 271(1)(c) of the Income Tax Act, 1961-Penalty-Concealment Penalty-SLP granted against order of High court where it was held that since assessee claimed excess depreciation on machinery on the basis that machinery was of foreign origin but facts showed that such machinery was of Indian make, an excess claim was only withdrawn in view of action initiated by department, therefore, penalty under section 271 (1)(c) was justified

SUPREME COURT OF INDIA

 

SPECIAL LEAVE TO APPEAL (C) NO.18311 OF 2013

 

Sundaram Finance Ltd.............................................................................Appellant.
v.
Commissioner of Income-tax, Tamil Nadu ................................................Respondent

 

ANIL R. DAVE AND ADARSH KUMAR GOEL, JJ.

 
Date :MAY  3, 2016 
 
Appearances

K. Parasaran, Sr. Adv., K. Swami, Nikhil Swami and Mrs. Prabha Swami, Advs. for the Petitioner. 
K. Radhakrishnan, Sr. Adv., Arijit Prasad, Ms. Gargi Khanna, R.R. Rajesh and Mrs. Anil Katiyar, Advs. for the Respondent.


Section 271(1)(c) of the Income Tax Act, 1961 — Penalty — Concealment Penalty — SLP granted against order of High court where it was held that since assessee claimed excess depreciation on machinery on the basis that machinery was of foreign origin but facts showed that such machinery was of Indian make, an excess claim was only withdrawn in view of action initiated by department, therefore, penalty under section 271 (1)(c) was justified — Sundaram Finance Ltd. vs Commissioner of Income Tax.


ORDER


Leave granted.

 

[2016] 240 TAXMAN 297 (SC)

 
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