Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2010 (4) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2010 (4) TMI 692 - ITAT, NEWDELHIPenalty - HRA - The AO noticed that the assessee had claimed exemption u/s 10(13A) of the I.T. Act, amounting to Rs. 4,60,200, for two residential accommodations - AO disallowed the exemption claimed in respect of one property amounting to Rs. 2,30,100 - Held that: - As per CIT v. Justice S.C. Mittal (1979 -TMI - 37169 - PUNJAB AND HARYANA High Court), it is the payment which is the main consideration. Law does not prohibit the extent of accommodation. This decision was cited by the assessee before the AO in the penalty proceedings. Evidently, therefore, “Reliance Petro Products Pvt. Ltd.” (2010 -TMI - 75701 - SUPREME COURT ) is squarely applicable to the facts of the present case. The claim made by the assessee was viewed differently by the assessee and the department. It was, as such, only a case of a difference of opinion and not only that, the opinion held by the assessee was prompted by the decision in “CIT v. Justice S.C. Mittal” (1979 -TMI - 37169 - PUNJAB AND HARYANA High Court). No concealment penalty is, in such a situation, attracted. - No penalty
|