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2013 (3) TMI 75 - DELHI HIGH COURTPenalty u/s 271(1)(c) - As per the AO assessee had set off his loss against the amount of profit after claiming deduction under Section 80HHC whereas the deduction under Section 80HHC was allowable on the gross total income as defined under Section 80AB - Held that:- As decided in CIT Versus RELIANCE PETROPRODUCTS FVT. LTD. [2010 (3) TMI 80 - SUPREME COURT] mere making of a claim, which is not sustainable in law, would not, ipso facto, amount to furnishing inaccurate particulars regarding the income of the assessee and would, therefore, not automatically result in a penalty order against the assessee - in favour of assessee.
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