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2021 (8) TMI 227 - HC - Income TaxPenalty u/s 271C - whether the respondent-assessee had made an incorrect claim for deduction in its E-Return filed on 29/9/2009? - HELD THAT:- This Court has dismissed the Revenue's appeal against the order dated 8/3/2013 [2013 (9) TMI 233 - ITAT PANAJI] it is quite clear that there was no error on the part of the respondent-assessee in claiming the deduction in its E-Return. Since there was no error, there was obviously, no question of imposing any penalty upon the respondent-assessee. Even, otherwise, an erroneous claim simpliciter does not automatically attract a penalty. It is only when an erroneous claim is based on a deliberate misrepresentation of facts or deliberate suppression of relevant material facts, that, a penalty is imposed after the deduction is denied. In this case, the deduction was ultimately allowed and, therefore, there was no question of levy of any penalty.
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