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2020 (12) TMI 546 - AT - Income TaxLevy of penalty u/s 271(1)(c) - assessee has not provided any evidence or document to establish vacancy of the property therefore estimated the rental income from house property - HELD THAT:- Penalty levied by the A.O for concealment of income is beyond the possibility of the assessee to obtain the confirmation as the tenant has already left the premises in the A.Y 2008-09 which was submitted in the penalty proceedings. The A.O cannot ask the assessee to do a impossible task considering the facts and circumstances. We relay on the decision of CIT Vs. Reliance Petroproducts Ltd [2010 (3) TMI 80 - SUPREME COURT] and follow the judicial precedents and we set aside the order of the CIT(A) and direct the A.O to delete penalty and allow the grounds of appeal of the assessee.
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