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2015 (9) TMI 849 - GUJARAT HIGH COURT

2015 (9) TMI 849 - GUJARAT HIGH COURT - TMI - Penalty u/s 271(1)(c) - ITAT deleted penalty - Held that:- It is evident that the factum of deletion of addition in respect of non-deduction of tax by the assessee was not controverted by the revenue. The Tribunal has further found that the penalty had been levied on the amount which was reflected in the original return as income. That it was an undisputed fact that the assessee had declared this income in his original return of income, although it w .....

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me on the part of the assessee, no infirmity can be found in the impugned order passed by the Tribunal in confirming the order passed by the Commissioner (Appeals) in deleting the penalty under section 271(1)(c) of the Act. - Decided in favour of assessee. - Tax Appeal No. 445 of 2015 - Dated:- 7-9-2015 - Harsha Devani And A. G. Uraizee, JJ. For the Petitioner : Mr Mauna M Bhatt, Adv For the Respondent : None ORDER ( Per : Honourable Ms. Justice Harsha Devani ) 1. The appellant revenue in this a .....

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sment year is 2006-07. The assessment under sub-section (3) of section 143 of the Act came to be framed by an order dated 6th December, 2008 whereby the Assessing Officer made various disallowances and additions. The Assessing Officer also initiated penalty proceedings under section 271(1)(c) of the Act and by order dated 17th March, 2011, imposed penalty of ₹ 2,81,24,512/-. The assessee carried the matter in appeal before the Commissioner of Income Tax (Appeals) who allowed the appeal and .....

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hat the assessee had filed his return beyond the period prescribed under sub-section (1) of section 139 of the Act. Moreover, the assessee had filed the return of income consequent to the survey under section 133A of the Act and hence, had furnished inaccurate particulars of income of ₹ 7,93,34,193/- by non-compliance of filing Form 15I and 15J to the Commissioner of Income Tax, thereby defeating the purpose of rule 29D. It was accordingly urged that the appeal requires consideration and t .....

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