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2013 (7) TMI 766 - AT - Income TaxPenalty u/s 271(1)(c) - Whether the CIT(A) erred in law and on facts in deleting the addition of penalty levied u/s.271(1)(c) - CIT(A) has erred in deleting the penalty on technical ground without considering the merits of the facts - Mere admission of an appeal by the High Court cannot without there being anything further, be an indication that the issue is debatable one so as to delete the penalty under Section 271(1)(c) even if there are independent grounds and reasons to believe that the assessee's case would fall under the mischief envisaged in the section 271(1)(c) - unless there is any indication in the order of admission passed by the High Court - held that the CIT (A) has erred in cancelling the penalty imposed u/s 271(1)(c) on the only issue that since the appeal of the assessee in the quantum case has been admitted the issue is debatable one, so as to delete the penalty under section 271(1)(c) – order of CIT set aside – appeal decided in favour of revenue.
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