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TMI Blog2016 (10) TMI 631X X X X Extracts X X X X X X X X Extracts X X X X ..... while making a claim of a revenue expenditure while making a payment to National Pharmaceutical Pricing Authority. The Apex Court in Commissioner of Income Tax Vs. Reliance Petroproducts Pvt. Ltd., [2010 (3) TMI 80 - SUPREME COURT], has held that mere making of a incorrect claim by itself would not warrant any imposition of penalty. The sine qua non for imposition of penalty would be suppressing d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llenges the order dated 28th June, 2013 passed by the Income Tax Appellate Tribunal (the Tribunal). The impugned order is in respect of Assessment Year 1999-2000. (i) Whether on the facts and in the circumstances of the case and in law, the Tribunal was justified in directing the Assessing Officer to delete the penalty levied u/s 271(1)(c) of the Income Tax Act by the Assessing Officer amounti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ounsel for the Revenue in support of the appeal states that the Revenue has filed an appeal from the order of the Tribunal in quantum proceedings, for the subject assessment year. This being Income Tax Appeal No.2207 of 2013 and the same has been admitted by this Court on 19th January, 2016 as giving rise to substantial question of law. Therefore, it is submitted that this appeal also be admitted. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urate particulars of the assessee's income. Moreover, in the facts of this case even a merits of the claim made in quantum proceedings is debatable. This is evident from the fact that the Tribunal in quantum proceedings upheld the claim made by the respondent assessee. 5. In the present case, irrespective of the decision which this Court may take in the quantum proceedings, the view taken b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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