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2004 (8) TMI 52 - PUNJAB AND HARYANA HIGH COURTPenalty u/s 271(1)(c) - Assessing Officer pointed out the errors in the assessee’s claim for deduction under section 80HHC. - The assessee submitted a reply to the effect that its claim was bona fide and by mistake, total turnover was taken into account instead of turnover of the export unit. The assessee was maintaining separate books of account but it could not produce the same because of fire. The Assessing Officer was not satisfied about the defence of the assessee and imposed penalty equivalent to 100 per cent. of the tax evaded. - There is nothing to show that the mistake by the CA was not bona fide and the mere fact that the certificate issued by the CA was not in accordance with section 80HHC(4) of the Act, was not enough to hold that the mistake was not bona fide. At any rate, as far as the assessee is concerned, no mala fides can be attributed to it, as the claim for deduction was based on the certificate of the CA with whom no collusion has been proved. - cancellation of the order of penalty by tribunal was clearly justified.
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