D.Shantha, Villupuram vs. ITO, Villupuram
In the result, the assessee’s appeal in ITA No
ITA 1829/CHNY/2016[2009-10]Status: DisposedITAT Chennai27 Sept 2017AY 2009-10
Bench: Shri N.R.S. Ganesan & Shri S. Jayaraman
For Appellant: Shri. T. Vasudevan, AdvocateFor Respondent: Shri. Nataraja, JCIT
Section 143(3)Section 263Section 271(1)(c)
…of penalty but would not absolve her completely from the levy of penalty. The case would squarely fall within the provisions of section 271(1)(c) read with Explanation 1 to the said section. The Supreme Court in the case of MAK Data Pvt.Ltd. v. CIT [2013U 368 ITR 593 (SC) has held that merely because the assessee claims the admission to be voluntary by using such phrases like "buying peace", "avoid' litigation" or "amicablesettlement", the assessee's conduct in not offering the income in the return cannot be explained away and penalty is exigible. Since the AO has levied only minimum penalty at 100% instea…