On appeal, the Tribunal held that sufficient interest-free funds were available with the assessee against which it had advanced a meagre amount on which it had not charged interest. Hence, interest was not disallowable. Moreover, it was only a case of opinion on the part of the Assessing Officer that assessee had diverted interest bearing funds to interest-free advances ignoring the fact that the assessee had huge interest-free reserves. The penalty was imposed by calculating notional interest on interest-free advances. The assessee had not concealed any particulars of income. Mere wrong claim could not amount to furnishing of inaccurate particulars of income or concealment of income, hence, levy of penalty was not sustainable. (AY.2011-12)
Deem Roll-Tech Ltd. v. DCIT (2020) 78 ITR 45 (SN)(Ahd) (Trib)
S. 271(1)(c) : Penalty – Concealment- — Furnishing inaccurate particulars of income — Sufficient interest-free funds available with Assessee — Interest expenses not disallowable – Mere wrong claim does not tantamount to furnishing of inaccurate particulars of income or concealment of income — Penalty not leviable in such cases.
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