No Penalty if Quantum Appeal been decided in favour of Assessee

Coordinate Bench of ITAT in the assessee’s own case for A.Y. 2001-02 vide order in ITA 2493/Mum/2012 dated 07.04.2017 has upheld the CIT(A)’s finding that keeping in view the principle of mutuality the assessee is not required to deduct tax at source on payments to KPMG International and (ii) Revenue has not challenged the order of the CIT(A)-10, Mumbai dated 29.02.2012 deleting the penalty levied under section 271C of the Act for A.Y. 2001-02; we are of the considered view that since the very basis for levy and upholding of penalty under section 271C of the Act by the authorities below fo...