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TMI Blog2014 (12) TMI 143X X X X Extracts X X X X X X X X Extracts X X X X ..... estion of law :- "Whether in the facts and circumstances of the case, the learned ITAT has erred in law in confirming the decision of CIT (A) partly deleting the penalty levied against the assessee u/s. 271[1])(c) of the I.T Act ?" 2. Since, both the appeals arise out of a common order of the Tribunal and the facts as well as the parties are also common, the same were taken up for hearing together and are disposed of by this common judgment. 3. The assessment years are 2003-04 and 2004-05 respectively. In case of the respondentassessee, the assessment for assessment year 2003-04 was made under section 143 (3) of the Act vide order dated 24th March 2006, whereb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (Appeals) as well as the Tribunal erred in law and on facts in deleting the penalty imposed upon the assessee by ignoring the fact that the disallowances under section 80IB (10) of the Act had been made by the Assessing Officer after discussing various aspects. It was submitted that the Tribunal overlooked the fact that the assessee had intentionally claimed ineligible deductions under section 80IB (10) of the Act by obtaining revised approval of the local authority. Under the circumstances, the Tribunal was not justified in upholding the deletion of penalty levied by the Assessing Officer and that the appeals deserve consideration and are required to be admitted on the question, as proposed or as may be deemed fit by the court. 4. This co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ow cause notice, he has thought it fit to levy penalty under section 271 (1)(c) of the Act. 6. As can be seen from the order of the Commissioner (Appeals), he has recorded that this is not a case wherein income had been concealed by the assessee. Moreover, in the penalty order, the Assessing Officer has not made any proper examination or evaluation of the facts which is required under the law and that the statements have been lifted from the assessment order passed under section 143 (3) of the Act. The Commissioner (Appeals) has observed that in the appellate proceedings, the assessee has submitted several factual points which have not been discussed at all by the Assessing Officer. The Commissioner (Appeals) had, therefore, confirmed the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ial facts and that the revenue had not brought anything on the record that any particulars were not available to the Assessing Officer. Thus, the conclusion arrived at by the Tribunal is based upon concurrent findings of fact recorded by it, after appreciating the evidence on record. On behalf of the appellant nothing contrary has been pointed out to dislodge the findings of fact recorded by the Tribunal, nor is it the case of the appellant that the Tribunal has placed reliance upon any irrelevant material or that any relevant material has been ignored. In the absence of any perversity being pointed out in the findings recorded by the Tribunal, it is not possible to state that there is any legal infirmity in the impugned order of the Tribun ..... X X X X Extracts X X X X X X X X Extracts X X X X
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