PCIT v. Core Carbons (P.) Ltd. (2020) 273 Taxman 420 (Mad.)(HC)

S. 271(1)(c) : Penalty-Concealment-Export oriented undertakings-Bonafide claim-Deletion of penalty is held to be justified. [S.10B]

For relevant years assessee filed its returns claiming exemption of income under section 10B. Subsequently, assessee realizing that it was not eligible for said exemption in assessment years in question, withdrew its claim itself before assessing authority.  Assessing Officer levied the penalty. Tribunal held that the assessee had furnished full particulars of income in support of its claim raised under section 10B in its returns.  It was also found that said claim was raised bona fidely as there was confusion over admissibility of same on account of statement of Union Finance Minister, extending Sunset clause for exemption in question for 100 percent EOUs up to year 2015. Tribunal set aside penalty order. On appeal High Court affirmed the order of the Tribunal. (A.Ys. 2010-11, 2011-12)