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Issues involved: Appeal against penalty u/s 271(1)(c) of the Income-tax Act, 1961 for excess claim of deduction u/s 80-O.
Summary: The appeal was against the penalty imposed for claiming excess deduction under section 80-O of the Income-tax Act, 1961. The assessee had claimed deduction under section 80-O for consultancy fee receipts, interest income, and miscellaneous income. However, the Assessing Officer restricted the deduction to only consultancy fee receipts as interest income and miscellaneous income did not meet the criteria for deduction under section 80-O. The penalty was levied on the basis that the assessee deliberately claimed the wrong deduction to reduce tax liability. Before the Commissioner of Income-tax (Appeals), it was argued that the interest income was received in convertible foreign exchange and hence eligible for deduction under section 80-O. The Commissioner held that the reduction in the deduction claimed was due to a computation error, not deliberate misconduct. The explanation provided was considered genuine, leading to the conclusion that the penalty was not justified. The Departmental representative argued that the claim for deduction under section 80-O was incorrect as the income did not meet the specified criteria. The income from interest on fixed deposits placed in India did not qualify as consideration for use outside India of any patent, invention, design, or registered trademark. Citing a previous court decision, it was emphasized that even if the claim was made in good faith, furnishing inaccurate particulars of income attracts a penalty. The Tribunal analyzed the provisions of section 80-O and concluded that the interest income from fixed deposits in India did not meet the conditions for deduction under section 80-O. As the claim was found to be patently incorrect, the assessee was held liable for furnishing inaccurate particulars of income, warranting the penalty under section 271(1)(c) of the Act. The decision was in favor of the Revenue, setting aside the previous order. In conclusion, the appeal against the penalty for the excess claim of deduction under section 80-O was allowed, and the decision was pronounced in open court on February 18, 2010.
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