9911796707
TMI Blog2019 (10) TMI 1225X X X X Extracts X X X X X X X X Extracts X X X X ..... penalty of Rs. 5,28,000/- imposed u/s. 271(1)(c) on different additions made by the AO. In this case the assessee has filed return of income on 31.12.1999 declaring total income as under:- "(1) Salary : Rs. 31,000/- (2) Income from profession : Rs. 5,12,098/- (3) Long Term Capital Gain : Rs. 15,830/- (4) Income from other sources : Rs. 86,510/- Less: Deduction u/s. 80L : Rs. 15,000/- Total : Rs. 6,31,438/-" 3. Further the assessee has disclosed gross income at Rs. 5,77,035/- and after claiming deduction u/s. 80L for Rs. 15,000/- the total income was declared at Rs. 5,62,040/- instead of aforesaid total income of Rs. 6,31,438/-. Along with the return of income the assessee has attached a copy ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) Long Term Capital Gain : Rs. 15,830/- (5) Income from other sources : Rs. 2,85,624/-" In this return of income the assessee has also claimed deduction u/s. 80HHC at Rs. 7,52,295/- which was not claimed in the original return of income filed by the assessee. The assessment u/s. 143(3) r.w.s. 147 of the Act was determined at total income at Rs. 79,20,780/- and agriculture income was determined at Rs. 4,36,042/-. The claim of deduction u/s. 80HHC to the amount of Rs. 7,52,295/- was disallowed. 4. The assessee has filed appeal before the Ld. CIT(A). The CIT(A) has partly allowed the appeal of the assessee and directed the AO to allow deduction of Rs. 2,28,000/- being rent received from the firm where the assessee was a partner a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .w.s. 143(3) of the Act. On the quantum of addition which were sustained by the ITAT as supra the AO has imposed penalty to the amount of Rs. 5,28,000/- u/s. 271(1)(c) of the Act. On the perusal of material on record it is observed that assessee has disclosed all the particular pertaining to his claim of deduction 80HHC to the amount of Rs. 7,52,295/- which was not claimed in the original return of income, however, assessee had filed Form No. 10CCA. Considering this fact we observe that claiming deduction u/s 80HHC cannot be treated as concealment of income as the assessee has filed all the particular pertaining to his claim. Therefore, on this account levying of penalty is not correct. Regarding other addition pertaining to estimation of i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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