2017 (3) TMI 1338

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....ferred to as the "Tribunal") in I.T.A. No. 475/LKW/2011 for Assessment Year 2002-03. 3. The appeal was admitted on following substantial questions of law: "(i) Whether on the facts and circumstances of the case Income Tax Appellate Tribunal was justified in dismissing the departmental appeal ignoring the fact that the addition in respect of provision for gratuity amounting to Rs. 42,04,167/- stands confirmed by the Income Tax Appellate Tribunal itself, that denotes that the assessee had filed inaccurate particulars of its income? (ii) Whether on the facts and in the circumstances of the case, Income Tax Appellate Tribunal was justified in dismissing the departmental appeal ignoring the fact that amount added or disallowed in computing ....

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.... but disallowance to extent of Rs. 42,04,167/- was maintained. Assessee and Revenue both filed appeal before Tribunal. Vide order dated 18.01.2008 Tribunal, in respect of issues raised in appeal by Assessee, remanded matter to the file of AO but grounds taken by Revenue in its appeal mostly were rejected. However, order of CIT(A) to the extent of addition of Rs. 42,04,167/- was confirmed. Thereafter penalty order dated 30.03.2007 was passed by Assistant Commissioner Income Tax (hereinafter referred to as the "ACIT") holding that there was wrong claim of expenditure/deduction to the extent of Rs. 3,85,77,59/- and this is to be treated as concealed income for the year. Consequently, it imposed penalty of Rs. 1,40,00,000/- upon Assessee. Asses....

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....ough claimed deduction which was not found tenable. The meaning of word 'particulars' has been considered in Commissioner of Income Tax Vs. Reliance Petroproducts Pvt. Ltd., 2010(322) ITR 158 (SC) and Court has said: "As per Law Lexicon, the meaning of the word "particular" is a detail or details (in plural sense); the details of a claim, or the separate items of an account. Therefore, the word "particulars" used in the Section 271(1)(c) would embrace the meaning of the details of the claim made." 7. A similar argument was advanced that an incorrect claim for expenditure would amount to giving inaccurate particulars but in Commissioner of Income Tax Vs. Reliance Petroproducts Pvt. Ltd. (supra), Court rejected it and said that it ....