TMI Blog2019 (4) TMI 1670X X X X Extracts X X X X X X X X Extracts X X X X ..... It cannot be said that the assessee paid rent with malafide intention to reduce his tax liability. The rent was actually paid to the co-owners and this fact has also not been disputed by the AO. Merely because the claim of the assessee did not find any favour with the AO would not, ipso facto, become a bogus claim. As RELIANCE PETROPRODUCTS PVT. LTD. [ 2010 (3) TMI 80 - SUPREME COURT] direct t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct']. 3. Roots for levy of penalty lie in the assessment order dated 10.12.2009 framed u/s 143(3) of the Act. During the course of scrutiny assessment proceedings, the Assessing Officer noticed that the assessee has claimed HRA deduction from his salary income. The assessee was asked to furnish details of HRA paid by him. The assessee filed details from which the Assessing Offic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... u/s 271(1)(c) of the Act is bad on facts of the case and should be deleted. 10. Per contra, the ld. DR strongly supported the findings of the CIT(A). 11. I have given thoughtful consideration to the orders of the authorities below. I find that there is no dispute that the assessee was 1/3rd owner of the house property for which he has paid rent to the other co-owners ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st have furnished inaccurate particulars of his income. The meaning of the word particulars used in section 271(1)(c) would embrace the details of the claim made. Where no information given in the return is found to be incorrect or inaccurate, the assessee cannot be held guilty of furnishing inaccurate particulars. In order to expose the assessee to penalty, unless the case is strictly covered b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng 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. 13. Adverting to the facts of the case, in the light of the ratio laid down by the Hon'ble Supreme Court, I direct the Assessing Officer to delet ..... X X X X Extracts X X X X X X X X Extracts X X X X
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