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2015 (6) TMI 891 - AT - Income TaxPenalty u/s 271(1)(c) - CIT(A) deleted the addition - Whether an in situation can be treated as an educational institution and benefit of section 1O(23C)(iiiad) of the Act be allowed thereto without affiliation to CBSE or any other Board? - Held that:- CIT(A) has considered the assessee's submission and perused the order of ITAT, Delhi granted the benefit of Section 10(23C)(iiiad) of the Income Tax Act to the assessee and after considering the entire facts and circumstances of the case he was agreed with the contention of the assessee that since the quantum appeal has been decided in favour of the assessee assessee, the very basis of A.O. passing penalty order u/s. 271(1)(c), also ceases to exist and therefore, the penalty order passed by the AO turns infructuous and thus deserves to be deleted, accordingly, the same rightly was deleted - Decided in favour of assessee.
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