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2019 (5) TMI 1983 - ITAT DELHILevy of penalty u/s. 271(1)(c) - disallowance u/s.43B - Assessee had revised the tax audit report offering higher disallowance u/s.43B - HELD THAT:- As only when the assessee had revised the tax audit report offering higher disallowance u/s.43B the AO has raised the query. Thus, it cannot be held that revising of the tax audit report and offering of higher amount of disallowance u/s.43B was not voluntarily or the same was offered when assessee was cornered by the Assessing Officer at any point of time. Thus it cannot be held that assessee’s offer for higher disallowance u/s.43B is not voluntary. Decidedin favour of assessee.
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