2008 (3) TMI 317

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..... for the respondents. JUDGMENT The judgment of the court was delivered by C. N. RAMACHANDRAN NAIR J. - Heard Sri P. Balachandran, senior counsel appearing for the assessee and Sri P. K. R. Menon, senior standing counsel appearing for the Revenue. The question raised in the appeal is whether the Tribunal is justified in confirming the penalty levied on the assessee under section 271(1) (c) of the .....

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..... in the return. Though prepared by the auditor for the assessee, it was for the assessee to ensure that wrong claims are not made by the practitioner or auditor. We, therefore, reject the assessee's case of immunity from penalty. Since the penalty levied is minimum leviable under section 271(1) (c) of the Act there is no scope for reduction in quantum of penalty also. The appeal, therefore, fails a .....

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