No Section 270A Penalty When Cess Claim Made in Good Faith and Withdrawn Post-Amendment

Capgemini Technology Services India Limited Vs ACIT (ITAT Pune) No Misreporting, Only Misunderstanding – Education Cess Claim Was Bonafide – Cess Disallowance Cannot Trigger 270A Penalty –Pune Tribunal Gives Penalty a Decent Burial In this appeal, Capgemini Technology Services India Ltd challenged the penalty of Rs.93,30,373/- levied by AO u/s 270A for alleged under-reporting arising from the claim of deduction of Health & Education Cess. The assessment was completed u/s 143(3) r.w.s. 144B with disallowance of Rs.5.34 crore towards cess. AO imposed penalty treating it as under-r...