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2019 (3) TMI 552 - AT - Income TaxPenalty u/s 271(1)(c) - inadvertent and bona fide mistake while filing the return - non disclosure of capital gain - HELD THAT:- In the case of Price Waterhouse Coopers Pvt. Ltd vs. CIT [2012 (9) TMI 775 - SUPREME COURT] a provision for gratuity etc. was made for the regular and adhoc employees. In the audit report, it was pointed by the auditor that provision for adhoc employees was required to be written back. But somehow, while filing the return, accountant failed to add back that amount. An affidavit of the concerned person was filed and it was pointed out that more than thousands of employees were working in that concern. As construed as bona fide human error i.e. failure to add back a particular provision. In the present case, no such circumstances have been pointed out by the assessee either before the AO or before CIT(A). The only statement made is that it was a bona fide human error. This is a very general and sweeping statement. It should be demonstrated with circumstantial evidence as to how this error has happened; what is operating force in the mind of person who has prepared the return, and how he failed to comprehend a particular item. Even the affidavit of that person has not been filed. Therefore, we are of the view that this statement is just being made for giving an explanation - Decided against assessee.
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