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2011 (5) TMI 335 - CALCUTTA HIGH COURTPenalty - Deduction under Section 80HHC - Disallowance - The Court went on to hold therein that in order to attract the penalty under Section 271(1)(c), mens rea was necessary, as according to the Court, the word "inaccurate" signified a deliberate act or omission on behalf of the assessee - It was then held that the explanation must be preceded by a finding as to how and in what manner, the assessee had furnished the particulars of his income - assessee having come to know that another assessee doing similar type of business of airport kitchen was given the benefit of Section 80HHC of the Act and an order under Section 263 by the Commissioner recalling such benefit was restored by the Mumbai Tribunal, the assessee submitted the revised return claiming such benefit - The fact that such benefit has really been given to another assessee in the similar circumstances has not been denied - Merely because, the Tribunal found that the claim was not tenable in the eye of law was not a ground of imposing the penalty - Accordingly decided in the favour of the assessee
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