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2012 (7) TMI 12 - ITAT DELHIPenalty imposed u/s 271(1)(c)- assessee contested that simply because addition/disallowances have been sustained in appeal this fact would not lead to levy of penalty - Held that:- Penalty can not be imposed merely on the ground that the claim made by the appellant is allowable in the subsequent year - appellant has not made a false claim nor has it made a wrong claim, only the year in which it is allowable is under dispute between the assessee and the department,thus in such a situation penalty cannot be imposed - A mere making of a claim, which is not sustainable in law, by itself, will not amount to furnishing inaccurate particulars regarding the income of the assessee - in favour of assessee.
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