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2011 (11) TMI 46 - DELHI HIGH COURTPenalty under Section 80HHF - on account of filing inaccurate particulars of income/concealment of income pertaining to deduction under Section 80HHF of the Income Tax Act - AO contended that necessary conditions for claiming deduction under the said Section were not satisfied, as the assessee had not exported any software, but merely provided services of technicians and helpers for shooting by foreign clients - Held that:- for the purpose of claiming benefit under Section 80HHF of the Act, ownership of goods is not essential as held by the Supreme Court in the case of Sea Pearl Industries and Others Vs. Commissioner of Income Tax, (2001 -TMI - 40266 - SUPREME Court). - Thus, when two views were possible and the assessee made the claim on the basis of advice of the consultants, it was not a case where the penalty should have been imposed. - Decided in favor of assessee.
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