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2014 (1) TMI 1732 - GUJARAT HIGH COURTPenalty u/s. 271 (1)(c) - non deduction of tds u/s 194C - ITAT deleted the penalty - Held that:- The Tribunal applied the decision of the apex Court in case of Reliance Petroproducts Private Limited, reported in (2010 (3) TMI 80 - SUPREME COURT) and observed that merely on account of disallowance of certain claim, penalty cannot be imposed. The Tribunal also recorded that the question of disallowance under section 40[a](ia) of the Act in respect of transporters had given rise to diversified opinion. CIT [A] has further recorded that the department did not question genuineness of the expenditure but disallowed the same merely on the ground that TDS was not deducted. Such being the factual position, no question of law arises. - Decided in favour of assessee
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