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2019 (7) TMI 1263 - AT - Income TaxCondonation of delay of 264 days - Penalty u/s 271(1)(c) - assessee made a conditional surrender and paid the tax on the said surrender subject to no penalty u/s 271(1)(c) - HELD THAT:- In the instant case the assessment was completed accepting the revised returns instead of making the assessment on the basis of the seized material and the evidences collected during the search. If the proposal of the assessee with regard to taking lenient view is not possible the AO ought to have intimated the same to the assessee and should have completed the assessment rejecting the revised return which was filed on conditional surrender. The AO would have completed the assessment as per incriminating material found during the course of search instead of accepting the revised returns. We are convinced that the assessee has admitted the additional income conditionally and the department has levied the penalty inspite of the conditional offer against the spirit of admission made by the assessee. Hence, the assessee's case required to be heard on merits to render the justice. Therefore, we hold that there is reasonable cause for filing the appeal belatedly and delay of filing the appeal required to be condoned. Accordingly, we condone the delay and remit the matter back to the file of the CIT(A) to decide the appeal on merits after giving opportunity to the assessee.
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