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2020 (8) TMI 258 - ITAT MUMBAIPenalty u/s 271(1)(c) - non-deduction of TDS - HELD THAT:- Once, there is non-deduction of TDS on any expenditure disallowance is made but genuineness is not in doubt, penalty u/s 271(1)(c) of the Act cannot be attracted and hence, on this issue, we delete the penalty and allow the appeal of the assessee. See VENUS ENGINEERS [2011 (8) TMI 1163 - GUJARAT HIGH COURT] and SHRI VISHAL MADHUSUDANBHAI CHOKSHI [2014 (1) TMI 910 - ITAT AHMEDABAD] Undisclosed rent received - HELD THAT:- We noted from the records and it is clear that there is a rent accrued to the assessee to the extent of ₹ 1,49,500/-, which is in dispute, but not disclosed by assessee in the return of income. Even before CIT(A), no evidence was produced in regard to this rent. Now, before us also no argument or no fact is brought on record and hence, the assessee is unable to explain its case that it is a bonafide mistake. In the absence of the same, we confirm the penalty of this amount of rent receipt not disclosed to the extent of ₹ 1,49,500/-. Appeal of the assessee is partly allowed.
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