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2019 (5) TMI 1056 - AT - Income TaxPenalty levied u/s 271(1)(c) - additions made while framing the assessment u/s 153A was deleted - HELD THAT:- The facts on record show that the assessment was completed on an income of ₹ 2,03,35,310/-. When the assessment was assailed before the CIT(A), the assessee could get only a relief of ₹ 31,320/- and the matter travelled upto the Tribunal. The Tribunal in D ART FURNITURE SYSTEMS P. LTD. VERSUS DCIT, CENTRAL CIRCLE 8, NEW DELHI [2019 (2) TMI 334 - ITAT DELHI] set aside the findings of the CIT(A) and deleted the addition by allowing the appeal of the assessee. None of the provisions confine the enquiry of the AO to evaluating incriminating materials. When the foundation [assessment] is removed, the super structure [penalty] must fall. - Decided in favour of assessee.
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