2019 (6) TMI 667

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....CA ORDER PER SUCHITRA KAMBLE, JM This appeal is filed by the assessee against the order dated 17/06/2014 passed by CIT(A), XI, New Delhi for Assessment Year 2008-09. 2. The grounds of appeal are as under:- "1. On the facts and in the circumstances of the case the Ld.CIT(A) has erred in law in deleting the penalty of Rs. 24,90,696/- imposed by A.O u/s 271(1)(c) on account of di....

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.... Officer, imposed penalty u/s 271 (l)(c) of the Act for furnishing inaccurate particulars of his income. 4. Being aggrieved by the penalty order, the assessee filed appeal before the CIT(A) and CIT(A) allowed the appeal of the assessee. 5. The Ld. DR submitted that the CIT(A) erred in deleting the penalty imposed by the Assessing Officer u/s 271(1)(c) on account of disallowance of expenditur....

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....ollow claim which cannot be substantiated by producing even the ledger and cash book by the appellant. This could have been an appropriate case where the AO should have invoked the provisions of section 145 of the Act and estimated the profit on the basis of a comparable case. However, to my utter dismay, the AO has proceeded in making a disallowance of expenditure claimed by the appellan....

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.... be no question of inviting the penalty under section 271(l)(c) of the Act. A mere making of the claim, which is not sustainable in law, by itself, will not amount to furnishing inaccurate particulars regarding the income of the assessee. Such claim made in the Return cannot amount to the inaccurate particulars. " 7.3. In the appellant's case, the AO has merely disallowed the expenses cla....