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2023 (3) TMI 815 - ITAT SURATPenalty u/s 270A - payment of VAT was made / deposited after due date of filing of return - HELD THAT:- AO simply made disallowance by taking view that such amount was not paid before due date of filing return. It is settled law that disallowance of amount can be made, only on the event if such allowance is claimed in the computation of income. AO while passing the assessment order has not given any categorically finding that the assessee claimed deduction of such amount in computation of income of such amount. In response to show cause against levy of penalty u/s 270A(2), the assessee again specifically contended that assessee has not claimed the amount as expenditure in the succeeding assessment year. The alleged disallowance does not find place in clause (a) to (f) of sub-section (9) of Section 270A. Assessee while filing response to the show cause during the assessment as well as during the penalty proceedings has given bona fide explanation within the scope of sub-section-6 of section 270A and disclosed all the material. Thus, the penalty imposed by AO is quashed. Decided in favour of assessee.
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