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Saipem Triune Engineering Pvt Ltd (Now Known As Triune Energy Services Pvt Ltd.) Versus DCIT, Circle 16(1), New Delhi

2015 (5) TMI 400 - ITAT DELHI

Penalty u/s 271(1)(c) - Tribunal has deleted first enhancement made by the ld. CIT(A) and restored the issues in respect of remaining three enhancements to the AO for a fresh consideration - Held that:- there can be no question of sustaining any pena .....

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esh assessment. The impugned order is set aside and the instant penalty on such restored issues is sent back to the AO for taking an appropriate decision after the finalization of the fresh assessment pursuant to the tribunal order. - Following decis .....

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,JJ. For the Petitioner : Shri Gautam Chopra, Adv. For the Respondent : Shri Ramesh Chandra, CIT DR ORDER Per: R S Syal, AM. This appeal by the assessee is directed against the order passed by the CIT(A) on 12.2.2013 directly imposing penalty u/s 271 .....

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hat the assessment in this case was completed u/s 143(3) of the Act. The ld. CIT(A) made four enhancements viz., a sum of ₹ 3044.06 lac on account of applicability of section 40A(2); a sum of ₹ 16.86 lac on account of depreciation; a sum .....

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.2.2013 in respect of total enhancements made by him to the tune of ₹ 3168.20 lac. Such amount of penalty was determined at ₹ 10,76,87,140/-, being 100% of the amount of tax sought to be evaded. The assessee preferred appeal before the Tr .....

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Relevant discussion has been made on page 62 of the Tribunal order. In so far as the remaining three enhancements are concerned, the Tribunal restored the matter to the file of AO for fresh adjudication. 3. The nutshell of the matter is that the Tri .....

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e, on the enhancements so made. There can be no penalty on the amount of enhancement deleted by the tribunal. On the enhancements restored to the AO, the question of penalty can be examined only by the AO pursuant to the making of fresh assessment. T .....

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