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2014 (5) TMI 477 - AT - Income TaxPenalty for technical breach of law - Wrong mention of section 272A(2)(C) in place of 272A(2)(K) of the Act - Penalty u/s 272A(2)(c) - CIT(A) delete the penalty by observing that since the tax was deducted only in the last quarter of the year under consideration, the TDS return was also filed for the last quarter and hence there was no loss to revenue and default is only of technical nature – Held that:- The AO issued notice for levy of penalty u/s 272A(2)(c) of the Act - the AO was clear in his mind when he was initiating penalty proceedings - the AO imposed penalty u/s 272A(2)(c) of the Act - this is a case of oversight or wrong mentioning of the section - when the assessee carried the matter before the CIT(A), the AO did not cared to appear before the CIT(A) to bring to his notice that he has mentioned the section wrongly - the conduct of the AO clearly suggest that he intended to proceed u/s 272A(2)(c) of the Act and completed his proceedings under that very section itself - CIT(A) has very correctly mentioned that no penalty can be levied under this section 272A(2)(c) of the Act from A.Y. 2006-07 onwards - recourse Sec. 292B of the Act would also not help the case of the Revenue because the mistake cannot be said to be a pure technical objection – there is no reason to interfere with the findings of the CIT(A) – Decided against Revenue.
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