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2009 (10) TMI 616 - AT - Income TaxPenalty u/s 271(1)(c) - whether the claim of the assessee relating to the deduction of ₹ 4,68,301 towards transport charges in the account of "SJT" was false and therefore the assessee was covered by provision of s. 271(1)(c) of the Act - when the cross-cheques were issued in the name "SJT", whether these were encashed by "SJT" or endorsed to somebody else was not concern of the assessee. - There is no justification to term the explanation of the assessee as false. - No case for levy of penalty has been made by the Revenue as relevant facts stated above were neither considered nor challenged during the course of the proceedings.
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