The ITAT allowed the assessee's appeal and held that no penalty...

The ITAT allowed the assessee's appeal and held that no penalty u/s 270A could be levied for non-payment of service tax liability and employees' contribution to PF before the due date. It was an admitted fact that both amounts were already available in the audit report, which formed the basis for disallowance by the AO. Following the Delhi High Court's decision in Prem Brothers Infrastructure LLP, it cannot be considered mis-reporting. The Supreme Court in Price Waterhouse Coopers (P.) Ltd. held that no penalty could be imposed for a mistake disclosed in the tax audit report. Since no adjustment was made in the intimation u/s 143(1), it was not a fit case for levying penalty u/s 270A.

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