2018 (1) TMI 1384

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..... ed upon a decision of this Court in ‘Commissioner of Income Tax Vs. Dalmia (Pvt.) Ltd.’[2009 (7) TMI 74 - DELHI HIGH COURT] wherein as concerned with a somewhat similar situation i.e. the claim made in respect of VRS benefits, and, whether claim of whole amount as a deduction, is contrary to Section 35DDA of the Act and, could result in a justifiable penalty under Section 271(1)(c) of the Act. It .....

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..... It is contended that Section 35DDA of the Act specifically provided to cater to situation, i.e. provision for VRS; the assessee was under a duty to claim benefits in its terms rather than, as a deduction of the whole. By not claiming the correct deduction, the assessee, it is argued, filed inaccurate particulars, which amounted to misleading the Revenue. This Court notices that ITAT in its impugn .....

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