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2016 (7) TMI 177

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..... filed by the revenue challenging the order dated 29.10.2013 passed by ld.CIT(A)-41, Mumbai, for assessment year 2008-09 by which the revenue is challenging the deletion of penalty levied by the AO. 2. None appeared on behalf of the assessee despite service of notice to the assessee. However, a letter dated 21.6.2016 has been filed on behalf of the assessee seeking adjournment on the ground that the person who is handling the case is out of station. In the earlier occasion vide letter dated 30.6.2015 filed on behalf of the assessee has sought adjournment on the same ground. After giving careful consideration to the adjournment application, we reject the same and decide the appeal ex-parte without the presence of assessee. 3. The facts .....

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..... ithout appreciating the fact that department has preferred an appeal against the order of the Hon'ble ITAT, Mumbai before the Hon'ble Bombay High Court and the issues have not attained finality. 5. The ld.DR submitted before us that the Mumbai Bench has deleted the addition made by the AO u/s 143(3) r.w.s 153C of the Act and the revenue has filed appeal challenging the decision of the Tribunal and the matter is still subjudice before the Hon ble Jurisdictional High Court and no final outcome has reached. Therefore, he submitted that it will two early to confirm the decision of ld.CIT(A) deleting the penalty. 6. We find from the record that the penalty was levied by the AO u/s 271(1)(c) of the Act for concealment of particula .....

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..... ere not found from the possession of the assessee but was found from the possession of a third person i.e. Shri Dilip Dherai. Mere mention of the names of the villages where the companies may have purchased lands would not give any basis to assume/presume/surmise that the name of the companies are mentioned . impugned documents. The .very foundation of Sec. 153C has been shaken by not fulfilling the condition precedent far the issue of notice . 19. Considering the entire facts and circumstances in the light of the impugned seized documents, we have no hesitation to hold that action taken u/s. 153C of the Act is bad in law . 22. ... The entire dispute revolves around the alleged cash payment amounting to ₹ 43 crores approx. a .....

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..... he income of the assessee considering the entire facts brought on record, we have no hesitation to hold that even on merits no addition could be sustained 26. Since we have allowed the issue in the case of the present assessee on both counts i.e. on legal issue and on merit and the issue involved in all other appeals of other assesses are similar and identical, though quantum may differ, for similar reasons, we quash the assessments and delete the additions on merit as well as on point of law in all other cases also . From perusal of the aforesaid order, it is very clear that the Hon'ble Tribunal has not only quashed the assessments framed u/s, 153C but also deleted the additions made u/s.69C on merits in case of land companie .....

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