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2018 (11) TMI 1851 - AT - Income TaxPenalty u/s. 271(1)(c) - disallowance of unpaid property tax as not paid before the due date for filing of return - HELD THAT:- AO levied the penalty not appreciating the submissions of the assessee and the Ld.CIT(A) sustained the penalty. On a totality of the facts and circumstances as narrated above, we find that the mistake of not disallowing the property tax paid appears to be a bonafide mistake and in any case the said expenses are not in doubt but only the allowability of the year. It is not known as to what details the Assessing Officer has called for, however, the assessee by letter dated 15.03.2013 surrendered same and it was submitted that it is a bonafide mistake. In the circumstances, we do not see any concealment of income or furnishing of inaccurate particulars but it is only due to oversight assessee did not disallow the unpaid property tax during this assessment year which was ultimately allowed as expenses in assessment year 2012-13. Thus, we direct the Assessing Officer to delete the Penalty Order u/s. 271(1)(c) of the Act. - Decided in favour of assessee.
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