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2021 (9) TMI 1265 - AT - Income TaxRectification of mistake u/s 154 - levying penalty u/s 271(1)(c) - bogus export to Russia has been made for conversion of black money through Hawala channel and the assessee claimed deduction u/s 80HHC - HELD THAT:- There is no error pointed out by the assessee before the ld AO and the ld CIT(A) based on which it could have been said that there is a mistake apparent from the record in absence the order u/s 271 (1) (C) of the Act by the ld AO - AO is also justified in passing the order u/s 271 (1) (C) of the Act as the appeal of the assessee was dismissed by learned CIT – A and further merely because some rectification is pending before the ld CIT(A) against quantum proceedings it cannot become a mistake apparent from the record in the penalty proceedings. Of course, if there is error in the order of the ld CIT(A) in quantum proceedings and if the addition is deleted, naturally the penalty could be deleted thereafter. In fact this is the appeal against the order passed u/s 154 of the act in penalty order levying penalty u/s 271 (1) (C) of the and not the appeal against the penalty order passed u/s 271(1)(c) of the Act. Even the ground of appeal raised by the assessee do not support the respective orders attached with the appeal
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