Indian Kanoon - Search engine for Indian Law

"The basic reason why decision in Dilip N. Shroff v. Joint Cl T was overruled by this court in Union of India v. Dharmendra Textile Processors, was that according to this court the effect and difference between section 271(1)(c) and section 276C of the Act was lost sight on in the case of Dilip N. Shroff v. Joint ClT, However, it must be pointed out that in Union of India v. Dharmendra Textile Processors, no fault was found with the reasoning in the decision in Dilip N. Shroff v. Joint ClT, where the court explained the meaning of the terms "conceal" and "inaccurate". It was only the ultimate inference in Dilip N. Shroff v. Joint Ct'T to the effect that mens rea was an essential ingredient for the penalty uls 271 (1 )(c) that the decision in Dilip N. Shroff v. Joint ClT was overruled."

"The basic reason why decision in Dilip N. Shroff v. Joint Cl T was overruled by this court in Union of India v. Dharmendra Textile Processors, was that according to this court the effect and difference between section 271(1)(c) and section 276C of the Act was lost sight on in the case of Dilip N. Shroff v. Joint ClT, However, it must be pointed out that in Union of India v. Dharmendra Textile Processors, no fault was found with the reasoning in the decision in Dilip N. Shroff v. Joint ClT, where the court explained the meaning of the terms "conceal" and "inaccurate". It was only the ultimate inference in Dilip N. Shroff v. Joint Ct'T to the effect that mens rea was an essential ingredient for the penalty u/s 271 (1 )(c) that the decision in Dilip N. Shroff v. Joint ClT was overruled."