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2012 (7) TMI 766 - AT - Income TaxPenalty U/s. 271(1)(c) of the Act – alleged that assessee was not able to substantiate its wrong claim of technical know-how - Assessing Officer while framing assessment for the year under consideration disallowed assessee’s claim for royalty payment under the provisions of Section 40(a)(ia) of the Act and also disallowed 1/6th of Technical know-how expenses under the provisions of Se4ction 35AB of the Act - CIT(A) deleted the disallowance of claim of deduction u/s. 35AB of the Act - mere making of the claim which is not sustainable in law, by itself will not amount to furnishing inaccurate particulars of income - Revenue’s appeal is dismissed
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