2015 (7) TMI 294 - HC - Income Tax

Penalty under Section 271(1)(c) - Tribunal setting aside the penalty levied - assessee wrongly claimed rebate under Section 88 E - Held that - No reason to interfere with the concurrent findings of the CIT (Appeals) and the Tribunal that the erroneous claim was on account of the return filed on behalf of the respondent by his consultant. They have decided not to visit the assessee with the drastic consequences of a penalty on account of the accountant s default. In these circumstances, no question of law arises. - Decided against revenue.

Summary

The High Court dismissed the appeal against the Tribunal's order upholding the decision of the CIT (Appeals) to set aside the penalty for wrongly claiming rebate under Section 88E of the Income Tax Act, 1961 for the assessment year 2007-2008. The erroneous claim was due to the accountant's mistake, and no penalty was imposed on the assessee.