ITAT: Mere disallowance of expenditure can never result into penalty under Section 271(1) (c) of the IT Act

Last updated: 23 July 2021

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The Income Tax Appellate Tribunal (ITAT) has ruled that a mere disallowance of expenditure by the Assessing Officer does not automatically warrant a penalty under Section 271(1)(c) of the Income Tax Act. The tribunal considered a case where the Assessing Officer made disallowances for foreign travel expenses and discrepancies in reported income. However, the ITAT clarified that the penalty provisions require a higher threshold of proof, such as the furnishing of inaccurate particulars, which must be demonstrated beyond mere disallowance.

Court :
ITAT Delhi

Brief :
This appeal is filed by the revenue against the order of Ld. Commissioner of Income Tax (Appeals)–5, New Delhi, dated 16.01.2017, for assessment year 2013-14, confirming the penalty levied of Rs. 50,540/- by the Dy. Commissioner of Income Tax, Circle 13 (2) New Delhi, as per order under Section 271(1)(c) of the Income Tax Act, 1961 (the Act) dated 28.07.2015. The assessee is aggrieved with the confirmation of the above penalty and has preferred this appeal before us. All the grounds of appeal also revolve around the solitary issue.

Citation :
ITA No. 1252/Del/2017

Daily Limit Reached