Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2019 (6) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (6) TMI 434 - ITAT DELHIPenalty u/s 271(1)(c) - limb of ‘of inaccurate particulars of income’ filed by assessee - interest received on income tax refund but not offered for tax - HELD THAT:- Revenue has to clearly state as to which particulars are not being filed accurately. Form 26AS is the document issued by the Revenue and in the said document the interest portion has been shown as ‘not applicable’. If the department itself has not given a proper quantification, it will not be appropriate on part of the Revenue to take a plea that the assessee filed inaccurate particulars of income. In fact the assessee has offered the refund amount to the tax authorities. Therefore, the Assessing Officer as well as the CIT(A) was not correct in imposing penalty u/s 271(1)(c) of the Act. Therefore, the appeal of assessee stands allowed.
|