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2017 (11) TMI 210 - AT - Income TaxLevy of penalty u/s 271(1)(c) - proof of furnishing of inaccurate particulars of income - disallowance of foreign travelling expenses - Held that:- The penalty order is woefully silent on the issue as to how this satisfaction of furnishing of inaccurate was arrived at. The quantum addition on which the penalty has been imposed pertains to disallowance out of foreign travel expenses but the Ld. CIT (A) has not examined the issue in detail but has simply confirmed the penalty by relying on the findings of the AO and the Ld. CIT (A) in the quantum proceedings. There is no finding by the authorities below on the issue as to how the ‘furnishing of inaccurate particulars’ has come to be established so as to warrant the imposition of penalty. Thus, it is apparent that the penalty has been imposed as an automatic outcome of the confirmation of the quantum addition. Considering all the impugned disallowance does not invite the provisions of Section 271(1)(c) of the Act - Decided in favour of assessee.
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