The Tax Publishers2020 TaxPub(DT) 4163 (Pune-Trib)

INCOME TAX ACT, 1961

Section 271(1)(c)

Where quantum additions on the basis of which penalty under section 271(1)(c) was levied, were deleted by Tribunal, the said penalty would not be sustainable.

Penalty under section 271(1)(c) - Leviability - Quantum additions being deleted -

AO levied penalty under section 271(1)(c) in respect of disallowances made on account of professional expenses and commission expenses. However, CIT(A) deleted the said penalty. Aggrieved, Revenue was in appeal. Held: It was found that quantum additions in respect of professional expenses and commission expenses were deleted by Tribunal. Since quantum additions on the basis of which penalty under section 271(1)(c) was levied, were deleted by Tribunal, the said penalty would not be sustainable.

REFERRED :

FAVOUR : In assessee's favour

A.Y. : 2009-10


INCOME TAX ACT, 1961

Section 271(1)(c)

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