Section 270A penalty cannot rest on a cess deduction claim withdrawn after retrospective amendment during assessment.

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....Section 270A penalty for under-reporting was not leviable under the provision where a health and education cess deduction claim, made in reliance on judicial decisions, was withdrawn during assessment after a retrospective amendment. Coordinate Tribunal decisions on the identical issue supported the conclusion that withdrawal of the claim did not justify penalty. The penalty was consequently deleted.....