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    <title>2025 (1) TMI 1738 - ITAT MUMBAI</title>
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    <description>Penalty for furnishing inaccurate particulars concerning residential status was contested where the assessee switched between resident and non-resident filings and had disputed status with the tax authority. The appellate authority annulled the penalty on three bases: prior inconsistent treatment and protest filings explained to the revenue, the residential-status question being a genuinely debatable issue precluding penalty, and the assessee having filed a return under reassessment as a non-resident and paid tax at the non-resident rate. Consequently the penalty levy was held unjustified and the revenue appeal dismissed.</description>
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      <link>https://www.taxtmi.com/caselaws?id=465951</link>
      <description>Penalty for furnishing inaccurate particulars concerning residential status was contested where the assessee switched between resident and non-resident filings and had disputed status with the tax authority. The appellate authority annulled the penalty on three bases: prior inconsistent treatment and protest filings explained to the revenue, the residential-status question being a genuinely debatable issue precluding penalty, and the assessee having filed a return under reassessment as a non-resident and paid tax at the non-resident rate. Consequently the penalty levy was held unjustified and the revenue appeal dismissed.</description>
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