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TMI Blog2010 (4) TMI 82X X X X Extracts X X X X X X X X Extracts X X X X ..... ncealment of particulars of income or of furnishing inaccurate particulars of income. - it cannot be said that the assessee, having placed reliance on the decision of the Andhra Pradesh High Court, had concealed any particulars or had furnished inaccurate particulars of income. There is no question of imposing a penalty in such a case - 352/2010 - - - Dated:- 21-4-2010 - Advocates who appeare ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... additions have been confirmed by the Tribunal. In separate proceedings under Section 271(1)(C) of the Income Tax Act, 1961, both the Assessing Officer and the Commissioner of Income Tax (Appeals) imposed penalty on the assessee. However, the Income Tax Appellate Tribunal, by virtue of the impugned order, deleted the said penalty on the ground that the assessee's claim of deduction in 80HHC withou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Tribunal did not apply to the facts of this case and there was only one of them, namely, CIT vs. Gogineni Tobacco Limited : 238 ITR 970 (AP) which was relevant to the facts and circumstances of the present case. Be that as it may, as long as there was a decision of a High Court and there was no contrary decision of the jurisdictional High Court or of the Supreme Court when the assessee f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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