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2011 (5) TMI 245 - CALCUTTA HIGH COURTPenalty - Deduction u/s 80HHC - Revised return - Assessing Officer after full investigation and it could not be said that the Assessing Officer's order was erroneous having been made without proper enquiry and/or investigation - it is obvious that it must be shown that the conditions under section 271(1)(c) must exist before the penalty is imposed. There can be no dispute that everything would depend upon the Return filed because that is the only document, where the assessee can furnish the particulars of his income - assessee claimed such benefit being encouraged by such fact cannot lead to penalty under section 271(1)(c) of the Act when there is no false or inaccurate particular submitted by the assessee - Merely because, the Tribunal found that the claim was not tenable in the eye of law was not a ground of imposing the penalty - Decided in favour of the assessee
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