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2017 (3) TMI 1947 - AT - Income TaxPenalty u/s 271(1)(c) - AO on scrutiny of the information available in AIR and ITS noticed that the assessee was paid technical service fees which had not been declared by the assessee in her return of income - in the proceedings before the AO u/s 271(1)(c) assessee pointed out that there was a mistake at the time of filing the return of income and there was no intention whatsoever to conceal any particulars of income - HELD THAT:- It is not in dispute that the amount in question was received by the assessee by way of cheque and that the payee had duly deducted tax at source on the payment made to the assessee. Thus the tax due and payable on the income in question has already reached the coffers of the revenue. When the fact that the receipt from M/s. Crisil Ltd was not disclosed in the return of income was confronted to the assessee, she immediately agreed to the addition and also appraised the AO that non disclosure of the said receipt in the return of income was inadvertent and not willful. This circumstance clearly show that there was neither an attempt to conceal particulars of income by the assessee nor to furnish inaccurate particulars thereof. We therefore accept the plea of the assesse and hold that in the facts and circumstances of the case imposition of penalty u/s 271(1)(c) of the Act was not called for. We therefore cancel the order imposing penalty and allow the appeal of the assessee.
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