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Documents citing M/S. Tara Mercantile Pvt. Ltd., New ... vs Dcit, New Delhi on 12 July, 2019

Roger Enterprises (P) Ltd.,, vs Department Of Income Tax

In such circumstances penalty cannot be levied u/s. 271(1)(c) as has been held in several cases including Rupam Mercantile vs. DCIT [2004] 91 ITD 237 (Ahd) (TM)] and Smt. Ramila Ratilal Shah vs. ACIT 20 ITA NOS. 567, 568 & 569/DEL/2006 [(1998) 60 TTJ (Ahd) 171]. The admission of substantial question of law by the Hon'ble High court lends credence to the bona fides of the assessee in claiming deduction. Once it turns out that the claim of the assessee could have been considered for deduction as per a person properly instructed in law and is not completely debarred at all, the mere fact of confirmation of disallowance would not per se lead to the imposition of penalty. Since the additions, in respect of which penalty has been upheld in the present proceedings, have been held by the Hon'ble High Court to be involving a substantial question of law, in our considered opinion, the penalty is not exigible under this section. We, therefore, order for the deletion of penalty."
Income Tax Appellate Tribunal - Delhi Cites 35 - Cited by 0 - Full Document
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