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| The Tax Publishers2020 TaxPub(DT) 5382 (Bang-Trib) INCOME TAX ACT, 1961
Section 271(1)(c)
When substantial question has been admitted on quantum assessment, penalty under section 271(1)(c) cannot survive since the additions made were apparently debatable/doubtful.
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Penalty under section 271(1)(c) - Validity - Addition in quantum proceedings -
Assessee filed appeal against the order of CIT(A) imposing penalty under section 271(1)(c) for the enhancement made by him in the quantum assessment. Held: Court In case of CIT v. Dr. Harsha N.Biliangady [ITA No.292 of 2014 (Judgment dt. 10-3-2015) : 2016 TaxPub(DT) 0163 (Karn-HC)], it was held that when substantial question has been admitted on quantum assessment, penalty under section 271(1)(c) cannot survive since the additions made were apparently debatable / doubtful. Following the same, penalty imposed under section 271(1)(c) in given facts and circumstances of the case need to be deleted.
Followed:CIT v. Dr. Harsha N.Biliangady [ITA No. 292 of 2014 (Judgment dt. 10-3-2015) : 2016 TaxPub(DT) 163 (Karn-HC)].
REFERRED :
FAVOUR : In favour of assessee.
A.Y. : 2012-13
IN THE ITAT, BANGALORE BENCH
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