Itxa/558/2011 Of The Commissioner Of Income Tax -18 Mumbai v. Asia Estate Developers

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (LOD) NO.1191 OF 2010 The Commissioner of Income Tax-18 ..Appellant. V/s. M/s. Asia Estate Developers ..Respondent. Mr. D.K. Kamwal for appellant.Mr. K.B. Bhujale for respondent. CORAM : J.P. DEVADHAR AND MRS. MRIDULA BHATKAR, JJ.DATED : 1ST FEBRUARY, 2011 P.C. :- 1.A short question raised in this appeal is, whether the Tribunal was justified in deleting the penalty levied under Section 271(1) (c) of the Income Tax Act, 1961. In the present case, the assessee had wrongly claimed set off which was disallowed by the assessing officer and penalty under Section 271(1)(c) was imposed. The said penalty was deleted by the Tribunal. The Apex Court in the case of Commissioner of Income Tax V/s. Reliance Petroproducts Pvt. Ltd. reported in [2010] 322 I.T.R. 158 (S.C.) held that making wrong claim does not amount to concealment so as to levy penalty under Section 271(1)(c) of the Act. Therefore, irrespective of the quantum disallowance is accepted by the assessee, in the facts of the present case, deletion of penalty cannot be faulted. In this view of the matter, the appeal is dismissed with no order as to costs. (MRS. MRIDULA BHATKAR, J.) (J.P. DEVADHAR, J.)