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2019 (5) TMI 436 - BOMBAY HIGH COURTPenalty u/s 271(1)(c) - error in filing return - fresh declaration of revised income voluntarily before assessee was confronted with the incorrect claim - bonafide unintended error - HELD THAT:- Once the assessee is served with a notice of scrutiny assessment, corrections to the declaration of his income, would not grant an immunity from penalty. Particularly, in a case where the assessee during such scrutiny assessment is confronted with a legally unsustainable claim which he thereafter forgoes, may not be a ground to delete penalty. However, in the present case the facts are glaring. The assessee made a fresh declaration of revised income voluntarily before he was confronted with the incorrect claim. The assessee had blamed the accountant for an error in filing the return. Affidavit of the occupant was also filed. As stated by the counsel, such error was committed by other group assessees also. Some of them corrected the error even before the scrutiny notices. In view of such facts, we do not find that the Tribunal is in error in coming to the conclusion that the original declaration of income suffered from a bonafide unintended error. No question of law arises. Income Tax Appeal is dismissed.
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