2019 (11) TMI 1035

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....der Pal, Sr.D.R. For the Respondent : Shri K.M. Mehta, CA ORDER PER AMIT SHUKLA, JUDICIAL MEMBER: The aforesaid appeal has been filed by the Revenue and Cross Objection by the assessee against the impugned order dated 28.09.2016, passed by ld. Commissioner of Income Tax (Appeals)-XXXVI, New Delhi in relation to the penalty proceedings u/s.271(1)(c) for the Assessment Year 2008-09. T....

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....redoing of roof plastering & false ceiling, and to improve the internal aesthetics and ambience of office premises taken on rent, so that business office space becomes worthy of business occupancy and thereby provide safety & proper working condition for employees. Such expenditure does not fall within the meaning of capital expenditure. The details of leasehold improvements during the year were f....

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....diture and treated as capital in nature by the Assessing Officer has deleted the said penalty. Ld. CIT (A) following the said order of the Tribunal dated 27.07.2012 has deleted the penalty. 4. After hearing both the parties, we find that precisely on the same reasoning penalty has been deleted in assessee's own case for the Assessment Year 2006-07 by the Tribunal in the following manner: ....

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....s in support of its claim and from any angle it cannot be said that assessee had furnished inaccurate particulars of income. The facts of the case law relied upon by CIT(A) relating to CIT v. Zoom Communication Pvt. Ltd. (supra) are not comparable with the facts of present case as in that case there was no difference of opinion with regard to amounts debited by the assessee in its P&L a/c which we....