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2013 (7) TMI 616 - ITAT DELHIPenalty levied under Section 271(1)(c) – Disallowance of deduction under Section 80IA on the ground that the assessee did not engage more than ten workers – Held that:- Workers employed by sister concern to carry out the job work contractually assigned to them should be considered as the workers employed because they were involved only for the purpose of manufacturing for and on behalf of the assessee company - Decision of Hon'ble Apex Court in the case of CIT Vs. Reliance Petroproducts Pvt.Ltd. –[ 2010 (3) TMI 80 - SUPREME COURT ] would be squarely applicable, wherein it was observed that, merely because the assessee did not file the appeal against the assessment order, it cannot be presumed that there was any concealment of income or furnishing of wrong particular - Even on merits, the assessee had a good case and had he filed the appeal against the original assessment order, the assessee's claim would have been allowed. As per the judgment in the case of CIT Vs. Delhi Press Patra Prakashan Ltd. - [2013 (6) TMI 70 - DELHI HIGH COURT], wherein it was considered that the employees of the sister concern who were engaged for executing the business of the assessee company was considered as the employees who were engaged for the purpose of manufacturing so as to entitle the assessee to claim the deduction under Section 80I - In the instant case, deduction under Section 80IA was bona fide and merely because the Assessing Officer did not accept the same and had taken a different view, it would not amount to either concealment of income or furnishing of inaccurate particulars - cancelled the penalty levied under Section 271(1)(c) – Decided against the Revenue.
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