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2016 (8) TMI 804 - ITAT MUMBAIPenalty imposed u/s.271(1)(c) - non payment of TDS and advance tax - Held that:- The corresponding income with respect to the tax deducted at source and also the amount of advance tax paid by the assessee not only before the last date of financial year but also before search is equal to the amount of income returned by the assessee. It means entire income of the assessee was subject to TDS or the assessee himself has advance tax paid before the end of the financial year. Under these circumstances contention of ld. AR that the AO was not justified in holding that assessee has concealed its income have some merits. We also found that TDS as well as advance tax has been paid by the assessee not only before the due date of filing of return of income but also before search. Under these circumstances, we have to see the intention of assessee as to whether he wants to conceal the income or not. In the interest of justice and keeping in view the proposition of law advanced with respect to extended date of filing of return u/s.153A, which is supported by judicial pronouncements as cited by ld. AR, we restore the matter back to the file of AO for deciding afresh after giving due opportunity to the assessee. Non payment of admitted tax as required under section 249(4)(a) - Held that:- Considering the fact that there is tax deducted at source out of assessee’s income which has to be taken into account while computing the tax paid by the assessee and also considering the challans placed on record with regard to actual payments of tax, in the interest of justice, we restore this appeal to the file of CIT(A) for deciding afresh on merits as per provisions of Section 250 sub section 6 of the I.T.Act.
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