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2016 (3) TMI 144 - ITAT CHENNAIPenalty under section 271(1)(c) - gratuity payment claimed twice - Held that:- The assessee in this case claimed the above expenditure in the P&L A/c and once again claimed it as allowable expenditure in the statement of income which leads to double claim of the same expenditure. During the assessment proceedings, the assessee was questioned by the AO, it was stated that inadvertently the claim was made on the basis of which the penalty was levied by the AO and confirmed by the CIT(A). The explanation given by the assessee for claiming the same expenditure for two times is very cryptic and too general in nature. There is no cogent and reliable evidence shown by the assessee how such claim has been made by the assessee. There is no base for such claim. Being so, in our opinion such an unadmissible claim could not have been claimed ad deduction by inadvertence for the second time Binding judgemnet of jurisdictional High Court in the case of Lanxess India Pvt. Ltd. (Successor of Bayer Indian Syntans Ltd.) v. ACIT reported in [2014 (12) TMI 571 - MADRAS HIGH COURT ]wherein held that the assessee should first show by cogent and reliable evidence that there was neither concealment of particulars of income nor furnished inaccurate particulars of income in order to repel penalty proceedings u/s.271(1)(c) of the Act. In view of this, we have no hesitation in confirming the levy of penalty u/s.271(1)(c) of the Act. - Decided against assessee
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