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Assessee is a professional and senior lady Gyne Doctor and filed income tax return at Rs. 10,58,44,690/- for assessment year 2010-11. The accounts were audited and Form 3CD was filed by the Chartered Accountant and income tax return were filed on the advice of the Chartered Accountant. The bonafide/inadvertent error on claiming depreciation on composite value of building purchased for medical profession as no bifurcation of land and building was available. In the background of the aforesaid discussions and respectfully follow the precedents, as aforesaid, we are of the considered view that the assessee has neither concealed the income nor furnished inaccurate particulars of income and there are no findings of the Assessing Officer and the Ld. CIT (Appeals) that the details furnished by the assessee in his return are found to be incorrect or erroneous or false. Under these circumstances, in our view the penalty in dispute is totally unwarranted and deserve to be deleted. Accordingly, we delete the penalty of Rs. 3,35,858/- made u/s. 271(1)(c) of the I.T. Act and quashed the orders of the authorities below on the issue in dispute.

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Sec. 271(1)(c) of Income Tax Act, 1961—Penalty—GEETA SHROFF (DR.) vs. Deputy CIT.[2018] 67 ITR (TRIB) 711 (ITAT-DELHI)

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