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2015 (8) TMI 410 - ITAT HYDERABADLevy of penalty u/s.271(1)(c) - discrepancies, interpolation and over-writings done by the assessee after the assessment was completed so as to avoid the penalties - Held that: - As assessee did produce the Books of Accounts, bills and vouchers as maintained by him. Admittedly Assessing Officer found that there are certain additional amounts which are debited in some months and the difference on that was arrived an amount of ₹ 88,000/-. Further, he also found out that assessee did not furnish the vouchers nor provided evidence, for the payments made in the month of January to March, 2005 totalling to ₹ 1,37,800/-. Nowhere there is an allegation in the assessment order that assessee has manipulated or tampered with the records. We are unable to understand the need for assessee to tamper the registers after addition has been made in the assessment. The so called discrepancies that were noticed by the Assessing Officer in the penalty order were not figuring in the assessment order at all. Since there is no need for the assessee to make any changes in the registers, we are unable to understand how, even if subsequently tampered with the registers, would attract penalty on an amount made as agreed addition in the assessment order We are of the opinion that just because certain expenditure claimed is not supported in the course of assessment proceedings, it will not lead automatically to concealment of income. Considering the order of the Assessing Officer, we are of the opinion that some disallowances made out of the claims made by the assessee, without proving them to be non-genuine, penalty u/s.271(1)(c) cannot be levied - Decided in favour of assessee.
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