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2023 (11) TMI 784 - AT - Income TaxPenalty u/s 270A - misreporting of income - Assessee on ad hoc basis filed a claim of deduction u/s 80G - assessee did not substantiate this claim of donation by filing the relevant proof of claim and in the assessment proceedings, the assessee has surrendered the said amount in assessment proceeding - HELD THAT:- Assessee did not produce the proof and the AO based on the information placed on record nothing contrary placed on record that the claim of the assessee in real terms not given. The assessee has given the name of trust, pan number and amount of donation given was made in the return of income the assessee has withdrawn the said claim of donation and ld. AO did not investigate this matter further considered the revised computation and in that there is no further amount of tax or interest payable and the details of the donation was already available on record. Assessee in the assessment proceeding submitted that “Regarding Donation-I don’t any document slip so request you to cancel the same and offer my apology and promise to not put any kind of non-documentary submission in future.” This version does not establish that the claim of the assessee is bogus or non genuine nothing contrary brought on record. Considering the facts and circumstances of the case the penalty is not sustainable in light of this circumstances of the case, we are of the considered view that the penalty of levy of the lower authorities confirmed by the CIT(A) u/s 270A of the Act does not have any legs to stand, therefore, the same is deleted based on stated facts. Appeal of the assessee is allowed.
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