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2017 (9) TMI 1288 - AT - Income TaxAddition being the deduction for commission - assessee is in appeal against the confirmation of addition on the ground that no adequate opportunity was given by the ld. CIT(A) for placing the evidence - Held that:- I am satisfied that the ends of justice would meet adequately if the impugned order is set aside and the matter is restored to the file of the Assessing Officer. I order accordingly and direct him to decide this issue afresh as per law, after allowing a reasonable opportunity of being heard to the assessee. Penalty u/s 271(1)(c) on account of commission - Held that:- Since the issue in quantum has been restored to the Assessing Officer for fresh adjudication, the penalty is also restored accordingly. My view in restoring the penalty to the AO is fortified by the judgment of the Hon’ble Supreme Court in the case of Mohd. Mohatram Farooqui vs. CIT (2010 (2) TMI 1122 - SUPREME COURT) in which it has been held that if addition is restored to the AO, then penalty should also be restored.
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