Case Law Details
Merely because the assessee had claimed the expenditure, which claim was not accepted or was not acceptable to the Revenue, that by itself would not, in our opinion, attract the penalty under Section 271(1)(c). If we accept the contention of the Revenue then in case of every return where the claim made is not accepted by the assessing officer for any reason, the assessee will invite penalty under Section 271(1)( c ) . That is clearly not the intendment of the legislature. In any event we are bound by the judgment of the Supreme Court in CIT vs. Reliance Petroproducts Pvt. Ltd… Merely because Supreme Court was not referred the Explanation-1 to section 271(1) in the judgment of the in CIT vs. Reliance Petroproducts Pvt. Ltd., it cannot be said that the judgment is per-incuriam.
HIGH COURT OF BOMBAY
INCOME TAX APPEAL NO.3899 OF 2010
The Commissioner of Income Tax-III
Versus
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