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    <title>2012 (4) TMI 261 - ITAT MUMBAI</title>
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    <description>The Tribunal concluded that the penalty under section 271(1)(c) of the Income-tax Act was not justified. The assessee&#039;s claim of compensation as a capital receipt not chargeable to tax was found to be bona fide, supported by a legal opinion, and properly disclosed. The Tribunal referenced a Supreme Court judgment emphasizing that making an unsustainable claim does not constitute furnishing inaccurate particulars. As a result, the penalty imposed by the Assessing Officer was deleted, and the appeal was allowed.</description>
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      <link>https://www.taxtmi.com/caselaws?id=212079</link>
      <description>The Tribunal concluded that the penalty under section 271(1)(c) of the Income-tax Act was not justified. The assessee&#039;s claim of compensation as a capital receipt not chargeable to tax was found to be bona fide, supported by a legal opinion, and properly disclosed. The Tribunal referenced a Supreme Court judgment emphasizing that making an unsustainable claim does not constitute furnishing inaccurate particulars. As a result, the penalty imposed by the Assessing Officer was deleted, and the appeal was allowed.</description>
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