TMI Blog2012 (2) TMI 71X X X X Extracts X X X X X X X X Extracts X X X X ..... was to be made then assessee could have claimed in the original return. Therefore, penalty levied was not justified – Decided in favor of assessee. - ITA No.989 /JP/2011 - - - Dated:- 3-1-2012 - SHRI R.K. GUPTA, J. Appellant by : Shri P. C.Parwal, AR Respondent by : Shri D.K. Meena, DR ORDER PER R.K. GUPTA, J.M. This is an appeal by assessee against the order of ld. CIT (A)-II, Jaipur, dated 26.08.2011 against sustaining the levy of penalty of Rs.43,359/- under section 271(1)(c) of the Income-tax Act, 1961 ( in short, the Act ) relating to assessment year 2006-07. 2. The brief facts of the case are that the assessee filed its return of income on 30.08.2077 declaring income of Rs.3,20,028/-. Thereafter, as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd the Ld. CIT(A), I found that the assessee deserve to succeed. It is seen that no deduction under section 80G was claimed originally. But it was claimed in the revised return. The assessee is Professor of Hindi and teaching students. It is stated that she was advised by her colleagues that if a gift is given to a Trust then she is entitled for deduction under section 80G of the Act. In view of these facts, bonafidely the assessee revised her return herself and claimed deduction under section 80G of the Act. It is also a matter of fact that the assesse has not sought any help from legal practitioner, as she filed return at her own. Therefore, it is presumed that assessee is not aware of the legal provisions of the Act that deduction is all ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s no question inviting the penalty u/s 271(1)(c). A mere making of claim, which is not sustainable in law, by itself, will not amount to furnishing inaccurate particulars regarding the income of the assessee. The ratio of the decision of Hon ble Supreme Court, is squarely applicable to the facts and circumstances of the present case, as the assessee has not furnished any inaccurate particulars, as she filed certificate for donation of the property to the Trust which is registered under section 80G. This claim of the assessee is not false or incorrect. However, the claim was denied because of the reason that deduction under section 80G is not allowable on fixed assets. This was a bonafide mistake and nothing else. If wrong claim was to be m ..... X X X X Extracts X X X X X X X X Extracts X X X X
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