Allowing the appeal of the assessee the court held that t assessee’s specific case was that they were advised to file the return of income in a particular fashion and prior to the assessment proceedings, their Chartered Accountant had passed away and this had led to the mistake, which the Assessing Officer pointed out during the assessment proceedings. Thus, in our considered view, the assessee’s case is not a case where the provisions of Section 271(1)(c) of the Act could have been invoked, as there has been no finding recorded by the Assessing Officer that they have furnished inaccurate particulars or for concealing particulars. Therefore, we find that the order passed by the Assessing Officer imposing penalty vide order dated 27.06.2012 is perverse. Consequently, the orders passed by the CIT(A) and the Tribunal confirming such orders are liable to be interfered with. (AY. 2009-10)
Vinay Autoparts P. Ltd. v. ITO (2020) 187 DTR 398 (Mad) (HC)
S. 271(1)(c) : Penalty – Concealment –Failure to file form No 29B -Return filed on the advice of Chartered Accountant – Levy of penalty is held to be not justified .[ S.115JB ]