ITAT quashes section 271(1)(c) penalty as VAT was paid before due date of return

Ganesh Jagannath Choukse Vs ACIT (ITAT Nagpur) This appeal is filed by the Assessee against the order of Learned Commissioner of Income Tax (Appeals)-1, Nagpur, [“Ld. CIT(A)”, for short], dated 29/05/2017 for Assessment Year 2012-13. 2. The brief facts of the case are that the Assessee has filed return on, 15.05.2013 declaring income of Rs.15,83,910/-. During the course of assessment proceedings, the AO has noticed that, the Assessee has debited sales tax (VAT) of Rs.3,84,986/- to his P&L Account. As per the AO, the appellant has failed to pay the same amount on or before the due date ...