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2019 (6) TMI 607 - ITAT DELHIPenalty levied u/s 271AAA - assessee has not paid “taxes and penalty” in respect of undisclosed income in due time - HELD THAT:- In Form 26AS annexed with the Income-tax return of the assessee, detail of tax paid has been duly shown, which has not been controverted by the Senior DR. Perusal of the impugned order passed by the CIT (A) shows that somehow CIT (A) has omitted to account for the deposit of ₹ 27,70,110/- made by the assessee in the bank being tax paid on the declared income and reached the conclusion to confirm the penalty levied by the AO, whereas computation of income and Form 26AS duly shows that the said amount has been paid in the bank on 04.01.2010 which is well within time. We are of the considered view that penalty imposed in this case is not sustainable, hence ordered to be deleted. However, in case, Revenue finds that the assessee has not deposited the taxes along with interest due well within time then Revenue has liberty to file the application as per law to recall the order. Consequently, appeal filed by the assessee is allowed.
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