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2022 (2) TMI 214 - AT - Income TaxRectification of mistake - Default for non-deduction of tax u/s 206C(1) in respect of scrap sales affected and levy of penalty u/s 271CA - Co-ordinate Bench has decided the matter in favour of the assessee treating the assessee no default for non-deduction of tax u/s 206C(1) whereas when it comes to the matter relating to levy of penalty u/s 271CA, matter has been restored back to the file of Assessing Officer to decide the same afresh and thereafter, in para 11, both the appeals of the assessee are allowed for statistical purposes. HELD THAT:- As apparent mistake which has crept in the order of the Co-ordinate Bench wherein in the quantum proceedings, the matter has been decided in favour of the assessee and in the same order, the matter relating to consequent levy of penalty has been restored back to the file of the AO. Therefore, the findings recorded in para 10 while disposing off ground relating to levy of penalty u/s 271CA is hereby rectified/amended with the following findings which shall read as under:- “As we have held in Para 4 above that there is no merit in the orders of the AO treating the assessee in default for non deduction of tax u/s 206C(1) of the Act in respect of scrap sales affected by him during the year under consideration, the consequent levy of penalty u/s 271CA of the Act is hereby directed to be deleted.” Further, in concluding para 11, in place of existing finding, it should read as “Both the appeals of the assessee are allowed”. Subject to above changes in Para 10 and 11 of the order passed by the Tribunal, there is no other change in the order so passed -miscellaneous applications so filed by the assessee are disposed off in light of aforesaid directions.
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