Penalty U/s. 271(1)(c) cannot be imposed for failure to deduct TDS

In this case, the penalty has been levied for disallowance of expenditure u/s.40(a)(ia) of the It is not a case of furnishing of inaccurate particulars of income or concealment of income. The failure to deduct the TDS on the part of the assessee has resulted in disallowance of expenditure. The assessee had not furnished any inaccurate particulars of income or expenditure. The assessee has already faced the consequences by way of disallowance of expenditure for non-deduction of TDS as per the provisions of section 194C of the Act. It is not the case of the Revenue that the assessee had not incu...