2011 (5) TMI 977

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..... eals). 2. Grounds of appeal of the Revenue are as under 1. The Order of the CIT(A) is erroneous in law and on facts. 2. The learned CIT(A) erred in deleting the penalty ignored the fact that the assessee has furnished inaccurate particulars by not considering the disallowances as per the provisions of Section 40(a)(ia) for the defaults in non-deduction of tax. 3. The learned CIT(A) ou .....

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..... hing of inaccurate particulars of income. She relied on the order of the assessing officer. 4. The learned counsel for the assessee relied on the order of the CIT(A). He submitted that the assessee has not concealed any facts and the addition/disallowance out of expenses was made by applying the provisions of S.40(a)(ia) of the Act and there is no evidence of any concealment of income on the pa .....

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..... the assessee was without any basis or foundation. It is a case of honest difference of opinion between the assessee and the revenue regarding the disallowance made and the applicability of the provisions of S.40(a)(ia) of the Act. In these facts of the case, we hold that no case for imposition of penalty under S.271(1)(c) of the Act could be made out by the Department. Accordingly, there is no mis .....

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