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2019 (1) TMI 951 - ITAT DELHIPenalty u/s 271(1)(c) - non deduction of tds u/s. 194H on payment gateway charges - disallowance u/s. 40(a)(ia) - Held that:- This issue has been decided by ITAT in assessee’s own case by the Tribunal for the year under consideration held that assessee is not liable to make TDS on payments gateway charges. Therefore, provisions of section 194H of the Income Tax Act would not apply to the facts and circumstances of the case. Accordingly, we are of the opinion that once the very basis of imposing penalty on this addition stood collapsed, there remaining no justification to sustain penalty on this count. For this view, we stand fortified by the decision of K.C. Builder v. Asstt. CIT [2004 (1) TMI 7 - SUPREME COURT] wherein it has been laid down that where the additions made in the assessment order on the basis of which penalty for concealment was levied has been deleted, there remains no basis at all for levying concealment penalty and therefore, in such a case no such penalty can survive. - decided in favour of assessee Excess depreciation claimed on website development cost @ 60% - Held that:- We find substantial weight in the contention of the assessee. It is notable that complete details/facts relating to the assets on which depreciation was claimed were furnished before the Assessing Officer and as such it can hardly be said that the assessee has furnished inaccurate particulars of income merely because the claim of assessee was not, in the opinion of Assessing Officer, sustainable in law. For this view, we stand fortified by the decision of Hon’ble Supreme Court in the case of Reliance Petroproducts Pvt. Ltd.(2010 (3) TMI 80 - SUPREME COURT). - Appeal of assessee allowed.
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