2019 (4) TMI 1670

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....r. DR ORDER PER N.K. BILLAIYA, ACCOUNTANT MEMBER: With this appeal, the assessee has challenged the correctness of the order of the Commissioner of Income Tax [Appeals] - 21, New Delhi dated 23.08.2018 pertaining to A.Y 2007-08. 2. The solitary grievance of the assessee is that the CIT(A) erred in confirming the levy of penalty u/s 271(1)(c) of the Income-tax Act, 1961 [hereinafter ref....

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.... of section 271(1)(c) of the Act and levied penalty of Rs. 80,000/- 4. The assessee carried the matter before the CIT(A) but without any success. 9. Before me, the ld. AR vehemently stated that merely because the claim of HRA was denied, would not lead to furnishing of inaccurate particulars of income or concealment of particulars of income. Therefore, the penalty so levied u/s 271(1)(c) of ....

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....t in the case of CIT vs Reliance Petroproducts Pvt. Ltd, 322 ITR 158, wherein it has been held as under: "A glance at the provisions of section 271(1)(c) of the Income-tax Act, 1961, suggests that in order to be covered by it, there has to be concealment of the particulars of the income of the assessee. Secondly, the assessee must have furnished inaccurate particulars of his income. The m....

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....s supplied in the return must not be accurate, not exact or correct, not according to the truth or erroneous. Where there is no finding that any details supplied by the assessee in its return are found to 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 a....