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2022 (8) TMI 565 - AT - Income TaxPenalty u/s 271(1)(c) - assessment proceedings were initiated by issue of notice u/s 148 r.w.s. 147 - HELD THAT:- There was certain mistakes so committed by the previous counsel while filing the return of income of the assessee and when it came to the knowledge of the assessee through another counsel at the time of furnishing return/ reply for notice u/s 148, at the very first opportunity, the assessee furnished the return declaring correct income. Moreover, AO accepted the return income so now filed and no additions were made while computing the income in the assessment order passed u/s 143(3) r.w.s. 147. Considering that assessee is salaried person, the argument of ld. AR that assessee is not well versed in taxation laws, cannot be brushed aside. Considering the judgment of Hon'ble Apex Court in the case of M/s Price Water House Coopers Pvt. Ltd.,[2012 (9) TMI 775 - SUPREME COURT] so cited by the ld. AR as above, and judgment of Hon'ble Rajasthan High Court in the case of J.P. Sharma & Sons [1984 (1) TMI 25 - RAJASTHAN HIGH COURT] we are of the opinion that it is a case where benefit of doubt is to be given to the assessee that it was an inadvertent and bonafide error on the part of assessee without knowing the nittygritty of the taxation laws and it was not a case of assessee trying to conceal its income. Considering the facts and in the circumstances of the case and the case laws so cited penalty order passed by AO is cancelled and appeal of the assessee is allowed for AY 2016-17. It is reiterated that facts and the grounds so taken in AY 2017-18 are also same as that of in AY 2016 17 and accordingly the appeal for AY 2017-18 is also allowed.
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