2016 (1) TMI 254

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.... ORDER Both the appeals involve the same question of law and are being decided together. For facility, the facts in the appeal of the assessment year 2003-04 is being taken into consideration. For the assessment year 2003-04, the assessee claimed deduction under Section 80 HHC and 80IB. The assessee claimed 30 percent of the gross total income under Section 80 IB on the income derived from Duty ....

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....ore the CIT Appeals, which was allowed and the order of penalty was set aside. The department, being aggrieved, filed a second appeal, which was rejected. The department has now filed the present appeal under Section 260 A of the Tax Act contending that a substantial question of law arises and that the tribunal committed a manifest error in deleting the penalty imposed under Section 271 (1) (c) o....

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....ence of any finding of this nature, the question of imposing penalty under Section 271(1)(c) on the mere making of the claim could not arise nor such imposition of penalty would be sustainable in law. In our opinion, a mere making of the claim for certain deductions by itself would not amount to furnishing inaccurate particulars regarding the income of the assessee. In Commissioner of Income Tax....