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2017 (10) TMI 1160 - HC - Income TaxLevying penalty under Section 271(1)(c) - disallowance of rebate claim under Indo-Canadian DTAA - gains from the alienation of any property, other than referred under Clause 1 of Article 13 of the Indo-Canadian DTAA may be taxed in both contracting States or petitioner's case is that she has transferred the immovable property situated in India and hence, the gains arising on the same is taxable in India - Held that:- There was no allegation against the petitioner of furnishing inaccurate particulars and the petitioner on receiving a notice submitted a response stating that the claim for rebate is not allowable, the petitioner had filed a revised computation statement and accordingly, the assessment was completed. Thus, the withdrawal of the rebate claimed was voluntary and in any event, the same cannot be brought within the expression concealment of particulars or furnishing inaccurate particulars as in the case of M/s.MAK Data (2013 (11) TMI 14 - SUPREME COURT). A mere making of the claim, which is not sustainable in law, by itself, will not amount to furnishing inaccurate particulars regarding the income of the assessee. Such claim made in the Return cannot amount to the inaccurate particulars. See CIT., Ahmedabad Vs. Reliance Petroproducts Private Ltd. [2010 (3) TMI 80 - SUPREME COURT] - Decided in favour of assessee.
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