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    <title>Penalty for excess claim nullified. Assessee&#039;s intent not malafide. ITAT favors deletion of penalty imposed u/s 270A(9).</title>
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    <description>Penalty u/s 270A(9) for mis-reporting of income due to excess claim of ineligible expenditure u/s 35(2AB) was imposed. The Dispute Resolution Panel (DSIR) certificate in Form 3CL disallowing part of the expenditure was received by the assessee after the Assessing Officer&#039;s inquiry regarding the deduction claim u/s 35(2AB). The Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre observed that the assessee cannot be alleged of mis-reporting income as it was not done with malafide intention. Therefore, the penalty restricted to 100% of tax payable was not justified. The Income Tax Appellate Tribunal held that the penalty deserves to be deleted, deciding in favor of the assessee.</description>
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    <pubDate>Fri, 09 Aug 2024 09:29:26 +0530</pubDate>
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      <title>Penalty for excess claim nullified. Assessee&#039;s intent not malafide. ITAT favors deletion of penalty imposed u/s 270A(9).</title>
      <link>https://www.taxtmi.com/highlights?id=80285</link>
      <description>Penalty u/s 270A(9) for mis-reporting of income due to excess claim of ineligible expenditure u/s 35(2AB) was imposed. The Dispute Resolution Panel (DSIR) certificate in Form 3CL disallowing part of the expenditure was received by the assessee after the Assessing Officer&#039;s inquiry regarding the deduction claim u/s 35(2AB). The Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre observed that the assessee cannot be alleged of mis-reporting income as it was not done with malafide intention. Therefore, the penalty restricted to 100% of tax payable was not justified. The Income Tax Appellate Tribunal held that the penalty deserves to be deleted, deciding in favor of the assessee.</description>
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      <pubDate>Fri, 09 Aug 2024 09:29:26 +0530</pubDate>
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