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2016 (9) TMI 1446 - AT - Income TaxLevy of penalty u/s 271(1)(c) - advance received being treated as income for the relevant assessment year - non deduction of tds - CIT-A deleted the addition - Held that:- CIT(A) deleted the penalty since assessee had filed revised return of income before the discovery of the concealment by the AO - thus we are of the view that the decision of the CIT(A) is in accordance with law & merit when such advances was treated as the income for the same year during the earlier assessment proceedings, the assessee had accepted the same to avoid confrontation with the Revenue and further revised her return for the subsequent AY being the relevant AY - Decided in favor of assessee. Penalty levied on account of addition made for non-deduction of tax - Held that:- it is only an inadvertent mistake committed by the Accountant of the assessee - therefore we are of the view that penal provisions of section 271(1)(c) cannot be invoked in the case of the assessee - hence we hereby uphold the decision of the CIT(A) for deleting the entire penalty - Decided in favor of assessee.
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