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TMI Blog2018 (1) TMI 1744X X X X Extracts X X X X X X X X Extracts X X X X ..... R. B.R.R. KUMAR, A.M. The present appeal has been filed by the assessee against the order of the Ld. CIT(A)-2 Ludhiana dt. 13/07/2017. 2. The only effective ground of appeal is as under: 1. That the Ld. CIT(A)-2 has erred in confirming the levy of penalty of Rs. 90,404/- u/s 271(1)(c) on the disallowance under section 40(a)(ia) of Rs. 2,92,569/-, 3. The AO during the course of assessment proc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he return due to oversight and it was a bonafide mistake. He relied on the judgment of Hon'ble Supreme Court in the case of CIT Vs. Reliance Petro products Pvt. Ltd. (322 ITR 158) dated 17/03/2010 held that when the assessee has made a claim under the bonafide belief and disallowance of such claim would not attract levy of penalty. 6. The assessee further relied on the judgment of Hon'ble ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessee has shown in the audit report about the non deduction of TDS and also accepted the bonafide mistake of not adding the disallowance to the total income before the Assessing Officer . 8. Keeping in view the facts and circumstances of the case we hereby order that the penalty levied by the AO to be deleted. 9. In the result appeal of the assessee is allowed. Order pronounced in the open ..... X X X X Extracts X X X X X X X X Extracts X X X X
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