TMI Blog2008 (4) TMI 27X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of such assessment years, still it can be said that no penalty should be imposed upon the assessee for the mistake of his counsel - ITA No.28 of 2008 - - - Dated:- 3-4-2008 - Coram: Hon'ble Mr.Justice Satish Kumar Mittal Hon'ble Mr.Justice Rakesh Kumar Garg Rakesh Kumar Garg,J 1. The Revenue has filed the present Appeal under Section 260A of the Income Tax Act, 1961(for short 'th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der Section 143(1)(a) of the Act on 11.3.2004. Thereafter, the case was selected for scrutiny. It was found that the assessee had claimed 100 % deduction under Section 80 IB of the Act in the original return, whereas the company was entitled to only 30 % deduction as per the said provisions. It was admitted by the assessee that the deduction under Section 80 IB of the Act was being claimed wrongl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e provisions of Section 271(1)(c) of the Act. The CIT(A) vide his order dated 18.12.2006 accepted the appeal and deleted the penalty. Aggrieved against the said order, the Revenue filed the appeal before the Tribunal raising the plea that the assessee had deliberately concealed the particulars of income as the assessee had claimed wrong deduction and therefore, the penalty proceedings were rightl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issued by the District Industries Centre, Solan, which was attached with the return of income, the unit commenced manufacturing of the goods w.e.f. 28.3.1998 i.e., 3 days of the Financial Year 1997-98(Assessment Year 1998-99) and the assessee has taken deduction under Section 80 IB inadvertently taking the first assessment year of exemption starting from 1999-2000 and the said mistake was a bonaf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee for the mistake of his counsel. Even otherwise, the Tribunal has given a specific finding that the Revenue has failed to pin point any specific defect in the conclusions of the CIT(A). Thus, in view of the aforesaid finding of facts given by the Tribunal, we are not inclined to interfere in the order of the Tribunal. No question of law arises in the appeal and the same is hereby dismissed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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