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2019 (9) TMI 559 - HC - Income TaxLevy of penalty u/s 271(1)(c) - as assessee is liable for payment of Minimum Alternate Tax (MAT) under Section 115JB, however he had neither filed Form 29B, nor paid taxes as required to be paid under Section 115JB - HELD THAT:- Admittedly, there is no allegation against the assessee before us that they had concealed particulars of their income. However, the allegation is inaccurate particulars have been furnished. AO while completing the assessment vide order dated 01.12.2011, does not record any finding that the particulars given by the assessee in the return of income is incorrect or inaccurate, but the conclusion of the AO is based upon an interpretation of the legal position and held that tax is payable under Section 115JB. The assessee's specific case was that they were advised to file the return of income in a particular fashion and prior to the assessment proceedings, their Chartered Accountant had passed away and this had led to the mistake, which the AO pointed out during the assessment proceedings. Thus, in our considered view, the assessee's case is not a case where the provisions of Section 271(1)(c) could have been invoked, as there has been no finding recorded by the AO that they have furnished inaccurate particulars or for concealing particulars. Order passed by the AO imposing penalty is perverse. Orders passed by the CIT(A) and the Tribunal confirming such orders are liable to be interfered with. Appeal filed by the assessee is allowed
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