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2019 (9) TMI 867 - AT - Income TaxPenalty levied u/s 271(1)(c) - assessee had filed return u/s 153A - HELD THAT:- The revenue has not brought any contrary binding precedent to our notice. It is transpired from the assessment order that the assessee has filed the return for the first time u/s 153A of the Act and no return was filed before initiation of search. Therefore, in terms of section 153A of the Act, return filed u/s 153A of the Act would be deemed to be return filed u/s 139 of the Act and all consequential provisions would apply. The Ld. D.R. has not rebutted this fact. I therefore, respectfully following judgement of Hon’ble Gujarat High Court rendered in the case of Kirit Dahyabhai Patel Vs. ACIT [2015 (1) TMI 201 - GUJARAT HIGH COURT] and other case laws as relied by the assessee, direct the A.O. to delete the penalty. The appeal of the assessee is allowed.
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