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2019 (4) TMI 665 - AT - Income TaxPenalty u/s 271(1)(c) - error in counting the eligible assessment years from the initial assessment year for claim of deduction u/s 80IC - realising mistake revise computation filed and paid tax before assessment - human error or willful false claim - HELD THAT:- On the basis of the audit report the assessee claimed the deduction u/s 80IC. There is no dispute that the under taking of the assessee is eligible for deduction u/s 80 IC and therefore, it can be safely concluded that the claim was not a false claim. As mentioned elsewhere in the audit report itself the auditors have mentioned the initial assessment year as A.Y. 2009-10 u/s 80IC the assessee is eligible for 100% deduction for first five assessment years starting from the initial assessment year. The Chartered Accountant has included the assessment year under consideration as the 5th assessment year since no deduction was claimed in A. Y. 2009-10 and therefore the chartered accountant counted the eligible assessment years from A. Y. 2010-11. In our considered opinion this clearly shows the human error and cannot partake the colour of intentional or willful claim. In the case in hand the assessee was very much eligible for claim of deduction u/s 80 IC of the Act and due to the error in counting the eligible assessment years from the initial assessment year the error has crept for which it cannot be said that the assessee has willfully and intentionally claimed the deduction. No fit case for the levy of penalty u/s 271 (1) (c) of the Act. - Decided in favour of assessee.
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