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2017 (12) TMI 851 - AT - Income TaxPenalty levied on the assessee u/s 271(1)(c) - assessee had willfully furnished wrong particulars of its income, treating its income as exempt u/s 10(23C)(vi) - Held that:- AO passed order u/s 154 of the Act, disallowed the assessee’s claim, observing that the expense had not been debited to the income and expenditure account, nor any claim was made at the time of assessment; that the expenditure was debited to the Grant in Aid account; and that therefore, there was no mistake apparent from the record. The ld. CIT(A), vide order (APB-28-31) dated 12.10.2012, deleted the disallowance. The Tribunal, vide order (APB 33-35) dated 28.06.2013, upheld this deletion made by the ld. CIT(A). It finds mention in para 2.2 of the impugned order, that the assessee had pointed out before the ld. CIT(A) that the assessee’s claim of allowability of salary expenditure of ₹ 18,17520/- had been allowed by the Tribunal. However, the ld. CIT(A) has not dealt with, much less controverted, this assertion of the assessee. Now, once the Tribunal has deleted the disallowance, the very basis for levy of penalty to the extent of the amount of ₹ 18,17,520/- no longer exists. That being so, the penalty qua this amount is also deleted. The AO is requested to provide necessary relief to the assessee accordingly.
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