Prafful industries (P) Ltd. V. DCIT (Delhi)(Trib) , www.itatonline.org

S. 271(1)(c): Penalty –Concealment – Wrong claim of depreciation by crediting capital subsidy to reserves instead of reducing from actual cost/ WDV does not attract the penalty

Allowing the appeal of the assessee the Tribunal held that ; The primary burden of proof is on the Revenue to show that the assessee is guilty of concealment/ furnishing inaccurate particulars. Making an incorrect claim does not tantamount to furnishing inaccurate particulars by any stretch of imagination. Wrong claim of depreciation by crediting capital subsidy to reserves instead of reducing from actual cost/ WDV does not attract s. 271(1)(c) penalty. ( ITA No. 4023/Del/2016, dt. 15.03.2018)(2009-10)