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In this regard, while levying the penalty, the A.O. placed reliance on the decision of Hon'ble Supreme Court in the case of Union of India vs. Dharmendra Textile Processors [2008] 306 ITR 277 (SC), Mak Data Pvt. Ltd. vs. CIT and Hon'ble Delhi High Court decision in the case of CIT vs. Zoom Communications Pvt. Ltd.(ITA No. 07/2010 dated 24.05.2010).

4. Upon the assessee's appeal, the ld. CIT(A) confirmed the order of penalty. While passing the order he did not deal with the issue in appeal or the fact of the case. Rather he gave a theoretical treatise to the provision of section 271(1)(c) and the meaning of word concealment. He also referred some issues which were not at all arising in this appeal.

10. A.O. in penalty order at para 5.1 has placed reliance on decision of Union of India vs, Dharmendra Textile Processors & Others (2008) reported at 306 ITR 277 (SC), The Hcn'ble Apex Court in aforesaid decision has concluded that Mens rea is not on essential ingredient of s. 271(1)(c). Hon'bte Apex Court in the case of Reliance Petroproducts (P) Ltd. reported at 322 ITR 0158 after considering decision in the case of Dharmendra Textile Processors & Others concluded that mere making of the claim which is not sustainable in law will not amount to furnishing inaccurate particulars regarding the income of assesses. Ratio laid-down by Apex Court in the case of Reliance Petroproducts (P) Ltd. Is more appropriate to the facts in the case of assesses and thus nothing adverse remain out of decision relied upon by A.O.