Allowing the appeal of the assessee the Court held that the assessee was absolutely bona fide in filing the revised return and disclosing income and had also made a bona fide claim to deduction in the form of administrative expenses and interest or finance charges. Even if these expenses were not allowed, the assessee could not be blamed for filing inaccurate particulars or concealment of income. Whatever it had to file was already on the record of the assessing authority, right with the original return. The authorities had not arrived at any figures or disclosures from any material outside the record, which was furnished to them by the assessee. Therefore, concealment or filing of inaccurate particulars had not been proved. Penalty could not be imposed.( AY.2010-11)
Rattha Citadines Boulevard Chennai Pvt. Ltd. v. Dy. CIT (2021) 430 ITR 7/ 279 Taxman 262 (Mad.)(HC)
S. 271(1)(c) : Penalty-Concealment-Rejection of claim for deduction-Reduction of loss does not result in income-Penalty levied was deleted .Levy of penalty.