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The Commissioner of Income Tax, Mumbai Versus M/s. Johnson & Johnson Ltd.

Penalty levied u/s 271(1)(c) - concealment of particulars of income - Held that:- None of the Authorities under the Act have held that there was any concealment of particulars of income or that the details supplied by the respondent assessee were inc .....

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E COURT], has held that mere making of a incorrect claim by itself would not warrant any imposition of penalty. The sine qua non for imposition of penalty would be suppressing details and / or supplying erroneous / false details. A mere making of a c .....

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debatable. This is evident from the fact that the Tribunal in quantum proceedings upheld the claim made by the respondent assessee. - Decided in favour of assessee - Income Tax Appeal No. 605 of 2014 - Dated:- 5-10-2016 - M. S. Sanklecha And G. S. K .....

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Income Tax Appellate Tribunal (the Tribunal). The impugned order is in respect of Assessment Year 1999-2000. (i) Whether on the facts and in the circumstances of the case and in law, the Tribunal was justified in directing the Assessing Officer to d .....

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d claimed it as revenue in nature? 2. The impugned order dated 28th June, 2013 of the Tribunal while dismissing the Revenue's Appeal from Order dated 24th February, 2012 of the Commissioner of Income Tax (Appeals) [CIT(A)] upheld the deletion of .....

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thority was revenue in nature. In the above view, the impugned order dismissed the Revenue's Appeal. 3. Mr. Suresh Kumar, learned Counsel for the Revenue in support of the appeal states that the Revenue has filed an appeal from the order of the T .....

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that this appeal also be admitted. 4. In the facts of the present case, none of the Authorities under the Act have held that there was any concealment of particulars of income or that the details supplied by the respondent assessee were incorrect / .....

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king of a incorrect claim by itself would not warrant any imposition of penalty. The sine qua non for imposition of penalty would be suppressing details and / or supplying erroneous / false details. A mere making of a claim which may be found on exam .....

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