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2016 (6) TMI 600 - GUJARAT HIGH COURT

2016 (6) TMI 600 - GUJARAT HIGH COURT - TMI - Penalty under section 271(A)(c) - difference in bad and doubtful debts claimed - Held that:- The issue of the assessee's larger claim of deduction of bad and doubtful claims had to be resolved through opinion of the third member of the Tribunal. Clearly the issue of taxability was debatable. But apart from this, the Tribunal found that there was no concealment of income on the part of the assessee. All facts were on record to enable the Assessing Off .....

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not give rise to penalty proceedings. - Decided in favour of the assessee - TAX APPEAL NO. 365 of 2015 - Dated:- 9-6-2016 - MR. AKIL KURESHI AND MR. A.J. SHASTRI, JJ. FOR THE APPELLANT : MR Harnish V Darji for MR. PRANAV G DESAI, ADVOCATE FOR THE OPPONENT : MR B S SOPARKAR, ADVOCATE ORAL JUDGMENT (PER : HONOURABLE MR.JUSTICE AKIL KURESHI) The Revenue has filed this appeal which was admitted on 21.7.2015 . We framed the substantial question of law for our consideration as under: (A) Whether the I .....

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l income and 10 per cent of the aggregate average advances by the rural branch of the bank. The Assessing Officer noted that the assessee had made provision only of ₹ 3.50 crores by way of bad and doubtful debts while claiming the deduction under this head at ₹ 12.28 crores. After putting the assessee to notice, in the order of assessment dated 30.12.2011, the Assessing Officer restricted the deduction to ₹ 3.50 crores and ordered initiation of penalty proceedings. 3. The quant .....

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ration is legal issue and at the most can be considered highly debatable. The assessee has disclosed full facts before lower authorities and only question is about the quantum of deduction is available to the assessee. In the present set of facts, the assessee is squarely covered by the decision of the Hon'ble Supreme Court in the case of Reliance Petroproducts Pvt. Ltd. (supra) and therefore penalty cannot be sustained. Even otherwise on merits of the case, we have held in the quantum order .....

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see had made provision for bad and doubtful debts only of ₹ 3.50 crores but claimed much larger amount by way of deduction under section 31(1)(viia) of the Act. The assessee raised such claim year after year. 5. On the other hand, learned counsel Mr. Soparkar for the assessee submitted that there was no concealment of the income on the part of the assessee. The issue itself was highly debatable requiring resolution through opinion of the third member of the Tribunal. In that view of the ma .....

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