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2012 (8) TMI 258 - AT - Income TaxPenalty notice u/s 271(1)(c) - Deduction u/s 80G – since the return was loss return claim was made u/s 37(1)– Held that:- Since there was loss as per returned income, deduction under section 80G was not admissible - assessee did not explain to the Income-tax authorities or to the Tribunal circumstances in which the mistake took place - Assessing Officer was justified in disallowing deduction and also levying penalty under section 271(1)(c) for furnishing wrong particulars of income when it was not proved that claim was made by mistake and there was no mala fide intention - assessee is liable to penalty Penalty u/s 271(1)(c) - disallowance of commission – Held that:- Disallowance has been deleted in the assessment of the assessee for assessment year 2006-07. However, the assessee did not prefer appeal in this year - Failure to file appeal and to obtain legitimate relief cannot lead to inference of penalty - even though the payment of commission has been disallowed in this year, the fact of the matter is that the assessee could have got this relief by following up the matter in the higher appellate forums - no penalty is leviable in respect of the disallowance of commission - appeal is partly allowed.
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