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2012 (2) TMI 71 - ITAT JAIPURPenalty u/s 271(1)(c) – revised return filed - deduction u/s 80G claimed on property gifted to Trust – deduction disallowed - Held that:- The ratio of the decision of Supreme Court in case of CIT Vs. Reliance Petro Products Pvt. Ltd.(2010 (3) TMI 80 - SUPREME COURT) is squarely applicable to the facts and circumstances of the present case as assessee has not furnished any inaccurate particulars. She filed certificate for donation of the property to the Trust which is registered u/s 80G. However, the claim was denied because of the reason that deduction u/s 80G is not allowable on fixed assets. This was a bonafide mistake and nothing else. If wrong claim was to be made then assessee could have claimed in the original return. Therefore, penalty levied was not justified – Decided in favor of assessee.
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