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2010 (12) TMI 856 - ITAT, AHMEDABADPenalty levied u/s 271(1)(c) - Depreciation - The Tribunal opined that the departmental authorities were justified in incoming to the conclusion that the assessee has failed to satisfactorily prove that the trial production has in fact started - It was also held that there is no evidence like production report indicating the quality of raw material consumed and production of noodles and the names of dealers to whom the alleged noodles were distributed for marketing - The Tribunal ultimately held that the assessee is not entitled to depreciation as well as the claim of expenses in relation to the alleged trial production which is not supported by any evidence - Hence,the learned CIT(A) was not justified in canceling the penalty by passing a non-speaking order. Claim u/s 80 I - Mere making a claim which is no sustainable in law, by itself will not amount to furnishing of inaccurate particulars regarding income of the assessee - Rely upon the decision of the Hon'ble Supreme in the case of Reliance Petroproducts Pvt. Ltd. (2010 -TMI - 75701 - SUPREME COURT) - Do not find any infirmity in the order of the learned CIT(A) in canceling the penalty on this issue - The finding of fact recorded by the learned CIT(A) is accordingly confirmed - Thus, departmental appeal on this issue is dismissed.
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