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Issues: Whether penalty under section 271(1)(c) of the Income-tax Act, 1961 could survive after the corresponding quantum additions in respect of the repairs and maintenance grant and rental income were deleted.
Analysis: The additions which formed the foundation of the penalty had already been deleted in the quantum proceedings. In such circumstances, the basis for alleging concealment or furnishing of inaccurate particulars no longer survived. Once the underlying additions ceased to exist, the penalty proceedings could not be independently sustained.
Conclusion: The penalty was not exigible and was directed to be deleted.
Ratio Decidendi: Penalty under section 271(1)(c) cannot be sustained where the quantum additions on which it rests have been deleted.