Dismissing the appeal of the revenue the Court held that ; The assessee had claimed exemption under S. 10(38) with a note that it reserved its right to carry forward the loss of Rs. 80.64 crores, under the bona fide belief that under S. 10(38) the loss was not required to be considered. It could not be stated that the act of the assessee in giving the note was with some ulterior intention or concealment of income or giving inaccurate particulars. Deletion of penalty is held to be justified . ( AY. 2008 -09)
DIT (IT) v. Nomura India Investment Fund Mother Fund. (2018) 404 ITR 636 (Bom) (HC) Editorial: SLP of revenue is dismissed DIT (IT) v. Nomura India Investment Fund Mother Fund( 2018) 401 ITR 172 (St)(SC)
S. 271(1)(c) : Penalty – Concealment – Capital gains —Claiming exemption under S.10(38) with a note that reserved its right to carry forward the loss – Deletion of penalty is held to be justified [ S.10(38), 45 ]