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2012 (11) TMI 141 - ITAT MUMBAIDelay in filing appeal - refusal of condonation of delay - Held that:- As decided in Mahaveerprasad Jain Versus CIT [1988 (1) TMI 21 - MADHYA PRADESH HIGH COURT] where an applicant engages a counsel, he would be justified in presuming that the counsel would attend to the case. The applicant cannot be made to suffer for the negligence of the counsel. An appeal cannot be dismissed because the counsel failed to appear when the case was posted for hearing - the delay is hereby condoned - in favour of assessee. Penalty u/s 271(1)(c) - Disallowance of foreign traveling expenses - Held that:- Where there is no finding that any details supplied by the assessee in its return are found to be incorrect or erroneous or false there is no question of inviting the penalty under section 271(1)(c). A mere making 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 - As it is not the case of the Revenue that the claim made by the assessee was found to be false or untrue based on no material or bonafide belief, we are of the view that there is no concealment on the part of the assessee which may call for levy of penalty u/s 271(1)(c) - in favour of assessee.
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