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TMI Blog2015 (10) TMI 2837X X X X Extracts X X X X X X X X Extracts X X X X ..... f concealment of income or filing of inaccurate particulars of income. Merely because the assessee could not file the supporting vouchers/bills for the expenses claimed by it, it could not be concluded that the assessee has claimed bogus expenses and could be penalized u/s 271(1)(c) of the Act. The conduct of the assessee was bona-fide and the assessee has filed an explanation before the Revenue authorities. In the facts of the case, we are of the view that it was not a fit case for levy of penalty u/s 271(1)(c) of the Act, which is accordingly cancelled and the ground of appeal of the assessee is allowed. Penalty u/s 271(1)(b) - As assessee was required to file certain information/documents before the Assessing Officer before the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . In these facts, I am of the view that it is a fit case for condonation of delay in filing the appeals before the Tribunal and, accordingly, the delay in filing both these appeals is condoned. ITA No. 2157/Del/2014 Under Section 271(1)(c) :- 4. The only ground of appeal of the assessee is as under:- That the ld.CIT Appeal completely erred on facts and in law in imposing penalty u/s 271(1)(c) of Income Tax Act for Rs. 1,66,125/- contrary to the facts circumstances of the case. 5. Learned DR has relied on the order of the learned CIT(A). 6. I have considered the submissions of the learned DR and have perused the order of the Assessing Officer and the learned CIT(A). It is a case where addition/disallowance was made f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he case. 8. Learned DR has relied on the order of the Assessing Officer. 9. I have considered the submissions of the learned DR and have perused the order of the Assessing Officer and the learned CIT(A). I find that there is a mistake in the ground of appeal of the assessee in writing the amount of penalty levied u/s 271(1)(b) of the Act at ₹ 1,66,125/-, which is actually ₹ 10,000/- only. I find that the assessee was required to file certain information/documents before the Assessing Officer before the completion of assessment proceedings. However, the assessee has failed to comply with the statutory requirement without any valid reason and therefore, in my view, the penalty imposed at ₹ 10,000/- u/s 271(1)(b) of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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