2015 (1) TMI 96

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Garg: The present appeal has been preferred by the Revenue against the order dated 10.05.2013 of the Commissioner of Income Tax (Appeals) [(hereinafter referred to as CIT(A)] agitating the action of the Ld. CIT(A) in deleting the penalty of Rs. 13,61,914/- which was levied by the Assessing Officer (hereinafter referred to as the AO) under section 271(1)(c) of the Act. 2. The facts in brief a....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....pital etc. While filing the tax return, we have claimed deduction under section 35D. However, during the course of assessment proceedings, we noticed that said expenses are incurred after commencement of business operations, Vide our assessment submissions dated 12 October 2009, we have withdrawn the said claim and consequently while passing the assessment order, the said amount was added back to ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... the same, during the course of assessment proceedings, we have suo moto withdrawn out claim. We once again re-iterate the fact that original claim made in return of income was not willful. We also would like to inform you that claim for deduction was made inadvertently. AO considering the facts in our case, invoked provisions of s. 271(1)(c) and levied penalty on account of this disallowance made....