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2018 (1) TMI 1240 - AT - Income TaxPenalty u/s 271(1)(c) - Claim of the assessee as to making salary to its family members and management of the society was also disallowed and depreciation claimed by the assessee having been paid to M/s. Dev Packaging has also been disallowed - Held that:- As in assessee’s own case [2018 (1) TMI 18 - ITAT DELHI] for AY 2010-11 passed in the quantum proceedings from which penalty proceedings have been emanated vide which issue as to addition of ₹ 7,82,465/- on account of honorarium and addition of surplus of ₹ 2,04,757/- have been set aside to the file of AO to decide afresh after providing an opportunity of being heard. However, the coordinate Bench of the Tribunal in the aforesaid order (supra) deleted the addition of ₹ 4,54,300/- on account of salary paid u/s 13(3); addition of ₹ 1,64,715/- on account of depreciation and ₹ 51,000/- on account of interest on loan and advances. Penalty levied by the AO and affirmed by the ld. CIT (A) is not sustainable, hence penalty levied by the AO and affirmed by the CIT (A) is ordered to be deleted and AO to pass afresh order consequent upon the decision on the issues which have been set aside to him for deciding afresh. Consequently, the appeal stands allowed.
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