C.S.Datamation Research Pvt Ltd v ITO ( 2020) BCAJ-July -P. 48 ( Delhi) (Trib)

S. 271(1)(c) : Penalty – Concealment – Disallowance of service tax -Nether debited to profit and loss account nor claimed as expenditure – levy of penalty is held to be not justified [ S.43B ]

Allowing the appeal of the assessee the Tribunal held that  merely disallowance of service tax under section 43B of the Act when  nether debited to profit and loss account nor claimed as expenditure ,  levy of penalty is held to be not justified . ( ITA No . 3915 / Delhi/ 2016 dt .15 -6 -2020 ) (AY. 2011-12)