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ITAT held that disallowance of depreciation on a disclosed block...
Depreciation and routine compliance expenses disallowance did not prove inaccurate particulars or misreporting; penalty sustained only on foreign travel.
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ITAT held that disallowance of depreciation on a disclosed block of assets did not, by itself, establish furnishing of inaccurate particulars or misreporting, because the claim was grounded in the books and the issue was one of allowability. Penalty was therefore deleted on depreciation, but sustained for foreign travelling expenses in A.Y. 2015-16 because no business activity or nexus was shown. For A.Ys. 2016-17, 2017-18 and 2018-19, penalties under section 271(1)(c) and section 270A were deleted, as routine compliance and administrative expenses, and a write-off, were not shown to be fictitious, bogus or based on suppressed facts; ad hoc or inadequate substantiation disallowed in quantum was insufficient to prove concealment.
ITAT held that disallowance of depreciation on a disclosed block of assets did not, by itself, establish furnishing of inaccurate particulars or misreporting, because the claim was grounded in the books and the issue was one of allowability. Penalty was therefore deleted on depreciation, but sustained for foreign travelling expenses in A.Y. 2015-16 because no business activity or nexus was shown. For A.Ys. 2016-17, 2017-18 and 2018-19, penalties under section 271(1)(c) and section 270A were deleted, as routine compliance and administrative expenses, and a write-off, were not shown to be fictitious, bogus or based on suppressed facts; ad hoc or inadequate substantiation disallowed in quantum was insufficient to prove concealment.
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