S. 271(1)(c): Before proceeding to the Explanation below s. 271 and putting the responsibility on the assessee, it is necessary for the AO to first demonstrate that the assessee's explanation or conduct is not reasonable on human probabilities, or that it was in the nature of violating settled legal positions. If the explanation is not fanciful, baseless or unacceptable, penalty cannot be levied
A legal contention raised bonafide by the assessee claiming the amounts to be capital receipt, only because the same was not accepted, by itself cannot be said to be act of fraud or gross or wilful negligence. Merely because the claim was rejected, the same cannot be branded as concealment. Before proceeding to the explanation below Section 271 and putting the responsibility on the assessee, it is necessary for the AO to first demonstrate that the explanation of the assessee or the conduct of the assessee was not reasonable on human probabilities, or that it was in the nature of violating settled legal positions. It cannot be said that, the explanations given by the assessee were fanciful, baseless or unacceptable.
Regarding Section 11C exemption to Rosin / Turpentine Oil
F.No. 110/01/2012-CX.3
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
CENTRAL BOARD OF EXCISE & CUSTOMS
(CX WING) NEW DELHI
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
CENTRAL BOARD OF EXCISE & CUSTOMS
(CX WING) NEW DELHI
Dated: September 30, 2014
To
All Chief Commissioners of Central Excise & Customs,
All Chief Commissioners of Central Excise,
All Chief Commissioners of Central Excise,
Subject: Request to reconsider the decision regarding issue of Notification under Section 11C of the Central Excise Act, l944 for exemption to the Rosin / Turpentine Oil falling under Chapter 38 of the Central Excise Tariff Act, 1985 for the period 27.05.1994 to 28.02.2006 – regarding.
I am directed to invite your attention to this office letter of even no. dated 14.03.2012 vide which a survey was floated to decide the issue of allowing the benefit of Section 11C exemption to the Rosin / Turpentine Oil falling under Chapter 38 of the Central Excise Tariff Act, 1985 for the period 27.05.1994 to 28.02.2006. Your attention is also invited to Board's subsequent letter dated 23.01.2013 and further correspondence on the subject whereby a re-survey was conducted
The request of the All India Manufacturers' Organization for reconsideration of issue and to extend benefit or Section 11C has been examined and the case has not been found fit for issue of 11C notification.
This is for you information and further necessary action.
Pankaj Jain
Under Secretary (CX)
Under Secretary (CX)
Check Jurisdiction before filing your income Tax Return
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