ESOP expenditure allowed as FMV difference; long-term capital gain issue sent back for collector rate determination; deferred income additions disallo...
Appeal allowed; impugned order quashed as regulator failed to prove nexus or manipulative scheme; sale genuine - s.12A(a)-(c), Regs 3(a)-(d),4(1),4(2)...
ITAT affirmed deletion of penalty under s.271(1)(c), holding that acceptance of a s.35D deduction in an initial year, as upheld by SC precedent, precludes denial in subsequent years and that an unsustainable tax position does not ipso facto constitute furnishing inaccurate particulars. The Tribunal applied the principle that penal liability under s.271(1)(c) requires factual proof of incorrect, erroneous or false particulars in the return, not merely an arguable or unsuccessful claim of deduction. On this basis the CIT(A)'s deletion of the penalty was upheld and the appeal by the Revenue was dismissed.
ITAT affirmed deletion of penalty under s.271(1)(c), holding that acceptance of a s.35D deduction in an initial year, as upheld by SC precedent, precludes denial in subsequent years and that an unsustainable tax position does not ipso facto constitute furnishing inaccurate particulars. The Tribunal applied the principle that penal liability under s.271(1)(c) requires factual proof of incorrect, erroneous or false particulars in the return, not merely an arguable or unsuccessful claim of deduction. On this basis the CIT(A)'s deletion of the penalty was upheld and the appeal by the Revenue was dismissed.
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