Mere taking of a claim, which is not sustainable in law, will not amount to furnishing inaccurate particulars

Where there is no finding that any details supplied by the assessee in its return are found to be incorrect or erroneous or false there is no question of inviting the penalty under section 271(1)(c). A mere taking of a claim, which is not sustainable in law, by itself, will not amount to furnishing inaccurate particulars regarding the income of the assessee. Such a claim made in the return cannot amount to furnishing inaccurate particulars.

 INCOME TAX APPELLATE TRIBUNAL, DELHI

ITA Nos.3416/Del/2011 & 3417/Del/2011

Assessment Years : 2004-05 & 2002-03

Assistant Commissioner of Income Tax 

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