The assessee made a conscious claim and had given a bona fide explanation before the Assessing Officer and the Commissioner (Appeals). Simply because the claim of the assessee was not sustained by the authorities, it could not be held that the assessee had furnished inaccurate particulars of income so as to attract the penalty under section 271(1)(c) of the Act. The penalty is directed to be deleted. (AY.2011-12, 2013-14, 2015-16)
Heidelberg Cement India Ltd. v. Dy. CIT (2023)107 ITR 49 (SN)(Delhi) (Trib)
S. 271(1)(c) : Penalty-Concealment-Additional depreciation-Claim not sustained by authorities-Penalty is not leviable.[S. 32]