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2017 (11) TMI 629 - ITAT JAIPURPenalty order u/s 271(1)(c) - wrongly claiming deduction of rental payments in violation of the provisions of section 40(a)(ia) - non deduction of TDS on the rental payments made during the previous year relevant to impugned assessment year - Held that:- The only explanation which is now forthcoming before us is that this was the first year of compliance and it was due to oversight that the amount escaped the notice of management. The question is even if we believe the said explanation, the question remains is why it took so many years from AY 2009-10 to AY 2012-13 to deposit such taxes. The oversight could be for one year and cannot be overlooked where the oversight continues for so many years. The reality of the situation is that only when the AO in the instant assessment year noticed this transaction and passed the assessment order on 28.12.2011 disallowing the rental expense then the assessee realised its mistake and deposited the taxes. The same is apparent from the TDS voucher placed at APB 4 where the TDS on rent has been debited and Union Bank has been credited with ₹ 2,52,000 and the narration which has been provided is that “Being online TDS paid vide challan no. 92388 dated 14.03.2012 paid for FY 2008-09 as per assessment order dated 28.12.2011.” In light of the same, we are unable to accede to the explanation so offered by the assessee and found the same devoid of any bonafide. In the case of Pricewaterhouse Coopers Pvt Ltd (2012 (9) TMI 775 - SUPREME COURT) held that the facts of the case are rather peculiar and somewhat unique. It was further held that the assessee made a bonafide and inadvertent computational error while filing its return of income and the fact that the disallowance was reflected in the tax audit report which was filed along with the return of income shows that it was not a case of furnishing inaccurate particulars of income or concealment of income. The said decision therefore was rendered in the context of its peculiar facts and the bonafide of the assessee was established which apparently is not satisfied in the instant case. - Decided against assessee.
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