2016 (5) TMI 1344

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..... spondent : O. P. Meena, DR. ORDER G. D. Agrawal (Vice President) This appeal by the assessee for the assessment year 2008-09 is directed against the order of learned CIT(A)-IV, New Delhi dated 21st June, 2013. 2. The only ground raised by the assessee in this appeal is against the levy of penalty of Rs. 3,72,177/- u/s 271(1)(c) of the Income-tax Act, 1961. 3. We have heard the arguments of bo .....

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..... ion of inviting the penalty under section 271(1)(c). A mere making of a claim, which is not sustainable in law, by itself, will not amount to furnishing inaccurate particulars regarding the income of the assessee. Such a claim made in the return cannot amount to furnishing inaccurate particulars." 4. The ratio of above decision of Hon'ble Apex Court would be squarely applicable to the facts of th .....

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