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23. Reference can also be made to CIT vs. Brahmputra Consortium Ltd. 2012 348 ITR 339 and Pramod Mittal vs. CIT ITA No. 67/2012 decided on 11th October, 2012 by the Delhi High Court.
24. Recently again, the Supreme Court in the case Price Water House Coopers Pvt. Ltd v. CIT (Supreme Court) (2012) 348 ITR 306 (SC) has observed as under:
"...The contents of the Tax Audit Report suggest that there is no question of the assessee concealing its income. There is also no question of the assessee furnishing any inaccurate particulars. All that happened in the present case is that through a bona fide and inadvertent error failed to add the provision for gratuity to its total income. This can only be described as a human error which we are all prone to make. The caliber and expertise of the assessee has little or nothing to do with the inadvertent error. That the assessee should have been careful cannot be doubted, but the absence of due care, in a case such as the present, does not mean that the assessee is guilty of either furnishing inaccurate particulars or attempting to conceal its income. Consequently, given the peculiar facts of this case, the imposition of penalty on the assessee is not justified."