TMI Blog2012 (11) TMI 67X X X X Extracts X X X X X X X X Extracts X X X X ..... evied on the assessee is just on the basis of conjecture and surmises - in favour of assessee. - ITA No.886/Ahd/2010 - - - Dated:- 19-10-2012 - SHRI MUKUL KUMAR SHRAWAT, AND SHRI A. MOHAN ALANKAMONY, JJ. Appellant by Shri T. Shankar, Sr. DR O R D E R PER A. MOHAN ALANKAMONY: This appeal filed by the Revenue is directed against the impugned order of the learned CIT (A)-XX, Ahmed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. 5. At the out-set, we would like to reiterate that the assessee had, in fact, challenged the appellate orders of the learned CIT (A) in respect of quantum as well as the penalty orders for the assessment years under consideration before the Hon ble Tribunal vide ITA No.1458/Ahd/2008 and ITA No.1019/Ahd/2010 respectively. During the course of hearing before the earlier Bench of this Tribunal, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ffected by the assessee are bogus. In that eventuality, the penalty levied by the assessing officer and confirmed by CIT (A) u/s 271(1)(c) of the Act is just on the basis of conjecture and surmises. We further find that just on the basis of estimate, the penalty cannot be confirmed. We further gone into the penalty order and finding that there is no finding of facts as to how the assessee has furn ..... X X X X Extracts X X X X X X X X Extracts X X X X
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