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2017 (1) TMI 1594 - HC - Income TaxPenalty u/s 271(1)(c) - certain amounts ought to have been deducted by virtue of Section 194J and non compliances of which, resulted in an adverse order and disallowance under Section 40(a)(i) - Held that:- The present proceedings emanate out of the penalty imposed by the AO. The CIT(A) took note of the same in the intervening period as well as of the judgment of the Supreme Court in K. C. Builders v. ACIT [2004 (1) TMI 7 - SUPREME COURT] and deleted the penalty. The ITAT has confirmed that order. As is evident from the factual narrative, the primary question of disallowance itself was debatable – in appeal to the ITAT the assessee was successful. In the circumstances, the deletion of the penalty by the CIT(A) and the ITAT cannot be called unreasonable, justifying interference by this Court. Therefore, no substantial question of law arises.
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