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TMI Blog2018 (5) TMI 1733X X X X Extracts X X X X X X X X Extracts X X X X ..... Appeal No. 13 of 2018 - - - Dated:- 9-5-2018 - Hon ble K.M. Joseph, C.J. And Hon ble Sharad Kumar Sharma, JJ. Mr. Hari Mohan Bhatia, Advocate for the appellant JUDGMENT K. M. Joseph, C.J. ( Oral ) This is an appeal under Section 260-A of Income Tax Act, 1961 (hereinafter referred to as the Act ) by the Revenue impugning the order passed by the Income Tax Appellate Tribunal, Delhi Bench B , New Delhi. By the impugned order, the Tribunal has dismissed the Appeal filed by the appellant against the order of CIT (Appeal), Dehradun. 2. This is a case where the assessee filed return on 26.07.2009, declaring total income of ₹ 1,52,72,495/- after claiming benefit of deduction under Section 80IC of the Act at ₹ 18, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed Form, in which, the total income claimed as deduction was certified to be eligible for deduction under Section 80IC of the Act. 5. The Tribunal, in fact, noticed that it is not even clear from the notice issued as to whether it is a case of concealment of income or furnishing inadequate particulars. The Tribunal relied on the judgment of the Karnataka High Court. This is a case, which the Tribunal found involved making of a claim which is not sustainable in law and which will not amount to furnishing of inadequate particulars. 6. In fact, the learned Counsel for the Revenue also points out Explanation 1 to Section 271 (1) of the Act, which reads as under :- Explanation 1. Where in respect of any facts material to the computa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... details of the claim made. Where no information given in the return is found to be incorrect or inaccurate, the assessee cannot be held guilty of furnishing inaccurate particulars. In order to expose the assessee to penalty, unless the case is strictly covered by the provision, the penalty provision cannot be invoked. By no stretch of imagination can making an incorrect claim tantamount to furnishing inaccurate particulars. There can be no dispute that everything would depend upon the return filed by the assessee, because that is the only document where the assessee can furnish the particulars of his income. When such particulars are found to be inaccurate, the liability would arise. To attract penalty, the details supplied in the return mu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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