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2017 (9) TMI 169

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..... venue is in appeal against the judgement of the Income Tax Appellate Tribunal dated 09.11.2016 raising following questions for our consideration: 1. Whether the Appellate Tribunal is right in law and on facts in upholding the order of the CIT (A) and thereby cancelling the penalty of Rs. 20,05,740/- levied under section 271(1)(c) of the I.T.Act? 2. Whether the Appellate Tribunal is right in law .....

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..... ceptance of the proposition made by the AO during the course of the assessment proceedings show that the assessee never filed any inaccurate particulars of income. Merely because a claim of deduction made by the assessee did not find favour with the AO, the levy of penalty u/s 271(1)(c ) of the act cannot be justified. For this proposition, we draw support from the decision of Hon'ble Supreme Cour .....

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