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2021 (8) TMI 452 - AT - Income TaxLevy of penalty u/s. 271(1)(c) - additions/disallowances which were suo motu surrendered by the assessee - HELD THAT:- Hon'ble Delhi High Court in the case of PCIT vs. Harsh International Pvt. Ltd. [2020 (12) TMI 1082 - DELHI HIGH COURT] has held that concealment of income can be levied only in cases where the concealment has been proved. It has further observed that if the quantum order itself has been challenged before the Hon'ble High Court and the High Court has framed substantial question of law in appeal then it would show that the alleged concealment is not final and the issue is disputable and the penalty levied by AO in such cases cannot survive. We are of the view that the ratio of the aforesaid decision would be squarely applicable to the facts of the present case. In such a situation, relying on the aforesaid decision in the case of Harsh International Pvt. Ltd. (supra), we find no reason to interfere with the order of CIT(A) and thus the ground of Revenue are dismissed.
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