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Commissioner Of Income Tax vs Zoom Communication Pvt Ltd on 24 May, 2010

"That the case of Zoom Communication Pvt. Ltd. (supra) is clearly distinguishable on facts because in that case the Assessee had conceded before the AO that its action of claiming revenue deductions was not correct at all. It was not the case of the Assessee therein, throughout the proceedings that deductions carried out by the Assessee was a debatable issue. The Hon'ble High Court of Delhi noted that before it, the Assessee could not explain the circumstances and its conduct.
Delhi High Court Cites 11 - Cited by 505 - V K Jain - Full Document

Arpeo Data Research Pvt Ltd. (Now Merged ... vs Cit(A)-24, Mumbai on 20 October, 2021

20. We observe that the AO, while imposing the penalty has taken into consideration the fact that the Assessee is a habitual offender as she has also claimed the exemption u/s 54F of the Act in the A.Y. 2013-14 as well. Further, the AO also relied on the judgment of the Hon'ble High Court of Delhi in the case of CIT vs. Zoom Communication Pvt. Ltd. (supra) and in the case of MAC Data Pvt. Ltd vs. CIT {supra} wherein it was held as under:
Income Tax Appellate Tribunal - Mumbai Cites 15 - Cited by 0 - Full Document

Hindustan Steel Ltd vs State Of Orissa on 4 August, 1969

22. The Hon'ble Apex Court in the case of Hindustan Steels Ltd. vs. State of Orissa, 83 ITR 26(SC) has also held "that the penalty will not ordinarily be imposed unless the party obliged either acted deliberately in defiance of law or was guilty of conduct contumacious or dishonest or acted in conscious disregard of its obligation. Penalty will not also be imposed merely because it is lawful to do so" by holding as under:
Supreme Court of India Cites 11 - Cited by 1607 - J C Shah - Full Document
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