2016 (5) TMI 1344

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....shek Anand, Advocates. For the Respondent : O. P. Meena, DR. ORDER G. D. Agrawal (Vice President) This appeal by the assessee for the assessment year 2008-09 is directed against the order of learned CIT(A)-IV, New Delhi dated 21st June, 2013. 2. The only ground raised by the assessee in this appeal is against the levy of penalty of Rs. 3,72,177/- u/s 271(1)(c) of the Income-tax Act,....

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.... be incorrect or erroneous or false there is no question of inviting the penalty under section 271(1)(c). A mere making of a claim, which is not sustainable in law, by itself, will not amount to furnishing inaccurate particulars regarding the income of the assessee. Such a claim made in the return cannot amount to furnishing inaccurate particulars." 4. The ratio of above decision of Hon'ble Ape....