Supreme Court · 2008 INSC 938 · Decided 18 August 2008

COMMNR. of Income Tax-I, Ahmedabad v. Gold Coin Health Food PVT. LTD.

Court
Supreme Court of India
Citation
2008 INSC 938 · [2008] 12 S.C.R. 179
Case number
CIVIL APPEAL No. 5065/2008
Decided
18 August 2008
Bench
ARIJIT PASAYAT, P. SATHASIVAM, AFTAB ALAM (3-judge bench)
Outcome
Disposed off
Case type
Civil
Acts & sections cited
Income Tax Act Section 271(1)(c)

Headnote

B Income Tax Act, 1961; s. 271(1)(c) with amendment in Explanation 4 to s.271(1) (c) (iii) introduced by Finance Act, c 2002: Returned income - Loss/profit - Levy of penalty - Held: Term 'income' also includes losses - Explanation 4 to s. 271 (1 )(c) (iii) is clarificatory substantive and has to be construed accordingly - Recommendation of Wanchoo D Committee and relevant circular makes the position clear that penalty in terms of amendment leviable where addition of con­ cealed income reduces the returned loss - In the facts and circumstances of the case, the

Search related judgments

Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)