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2021 (1) TMI 608 - AT - Income TaxPenalty u/s. 271(1)(c) - difference in the actual service tax paid and that claimed at the assessee's behest - HELD THAT:- Difference appears to have arisen on account of assessee's auditor's certificate issued inadvertently. Hon'ble apex court decision in Price Waterhouse Coopers Pvt. Ltd. [2012 (9) TMI 775 - SUPREME COURT] holds in such a case of an inadvertent mistake in raising a claim is neither concealment nor that of filing of inaccurate particulars of income. Their lordships yet another decision in CIT Vs. Reliance Petroproducts P. Ltd., [2010 (3) TMI 80 - SUPREME COURT] also settled the law much earlier that - quantum and penalty are distinct proceedings wherein each and every disallowance/addition made in case of the former and does not automatically attract the latter penal provision. Thus both the learned lower authorities have erred in penalising assessee u/s. 271(1)(c) in this case of the assessee's auditor's inadvertent mistake in raising higher service tax claim. This penalty is directed to be deleted therefore. - Decided in favour of assessee.
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