Income Tax Appellate Tribunal - Delhi
M/S. A B Movies Pvt. Ltd., Noida vs Acit, New Delhi on 13 June, 2017
IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH 'A'
'A': NEW DELHI
BEFORE SHRI G.D. AGRAWAL, PRESIDENT AND
SHRI BHAVNESH SAINI,
SAINI, JUDICIAL MEMBER
ITA No.
No.1063/Del/2014
Assessment Year : 2009-
2009-10
M/s AB Movies Pvt.Ltd., Vs. Assistant Commissioner of
(Now merged with Wave Income Tax,
Infratech Pvt.Ltd.),
Pvt.Ltd.), Central Circle-
Circle-4,
C-1, Sector-
Sector-3, New Delhi.
Noida,
Uttar Pradesh - 201 301.
PAN : AADCA2334D.
(Appellant) (Respondent)
Appellant by : Shri Salil Kapoor, Ms. Soumya Singh
and Ms. Ananya Kapoor, Advocates.
Respondent by : Shri S.K. Jain, Senior DR.
Date of hearing : 08.06.2017
Date of pronouncement : 13.06.2017
ORDER
PER G.D. AGRAWAL, PRESIDENT :-
This appeal by the assessee for the assessment year 2009-10 is directed against the order of learned CIT(A)-XII, New Delhi dated 4th November, 2013.
2. The only ground raised by the assessee in this appeal is against the levy of penalty of `75,720/- u/s 271(1)(c) of the Income-tax Act, 1961.
3. We have heard the arguments of both the sides and perused the material placed before us. The facts of the case are that admittedly the assessee is entitled to deduction u/s 80IB(7A) of the Act. For the 2 ITA-1063/Del/2014 year under consideration, the assessee claimed deduction of `1,99,66,840/-. The Assessing Officer was of the opinion that assessee was not entitled to the deduction in respect of certain income i.e., interest on FDR, miscellaneous income and interest on securities. Accordingly, he reduced the deduction claimed by the assessee by `2,22,776/-. He also levied the penalty for reduction in the deduction u/s 80IB which is sustained by the CIT(A).
4. After considering the facts of the case, we are of the opinion that on the facts of the assessee's case, the decision of Hon'ble Apex Court in the case of CIT Vs. Reliance Petroproducts Pvt.Ltd. - (2010) 322 ITR 158 (SC) would be squarely applicable, wherein their Lordships held as under :-
"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 amount to furnishing inaccurate particulars regarding the income of the assessee. Such a claim made in the return cannot amount to furnishing inaccurate particulars."
5. In fact, in the case under appeal, even the assessee is not found to be not entitled to deduction. The assessee is held to be entitled to deduction u/s 80IB but there was a minor modification in the quantum of deduction for which penalty u/s 271(1)(c) has been levied. In our opinion, merely because the quantum of deduction claimed has been reduced would not amount to concealment of income. It is not the case of the Revenue that the assessee furnished any wrong facts or inaccurate particulars. Merely because some part of income, in the opinion of the Assessing Officer, is not eligible for deduction u/s 3 ITA-1063/Del/2014 80IB(7A), it will not amount to concealment. We, therefore, cancel the penalty imposed u/s 271(1)(c) of the Act.
6. In the result, the appeal of the assessee is allowed.
Decision pronounced in the open Court on 13.06.2017.
Sd/- Sd/-
(BHAVNESH SAINI)
SAINI) (G.D. AGRAWAL)
AGRAWAL)
JUDICIAL MEMBER PRESIDENT
VK.
Copy forwarded to: -
1. Appellant : M/s AB Movies Pvt.Ltd.,
(Now merged with Wave Infratech Pvt.Ltd.), C-1, Sector-
Sector-3, Noida, Uttar Pradesh - 201 301.
2. Respondent : Assistant Commissioner of Income Income Tax, Central Circle-
Circle-4, New Delhi.
3. CIT
4. CIT(A)
5. DR, ITAT Assistant Registrar