9911796707
TMI Blog2019 (2) TMI 1367X X X X Extracts X X X X X X X X Extracts X X X X ..... HANT MAHARISHI, A. M. 1. This is an appeal filed by the revenue against the order of the ld CIT(A)- 1, New Delhi dated 31.10.2013 for the Assessment Year 2009-10. 2. The revenue has raised the following grounds of appeal:- "1. The order of the ld CIT(A) is not correct in law and facts. 2. On the facts and the circumstances of the case the ld CIT(A) has erred in law in deleting the penalty u/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the penalty was imposed vide order dated 28.03.2013 u/s 271E of the Act of Rs. 207954716/-. The assessee preferred an appeal before the ld CIT(A) who deleted the penalty vide order dated 31.10.2013 and therefore, the ld AO in appeal. 5. The ld DR supported the order of the ld AO. 6. The ld AR stated that the issue is squarely covered in favour of the assessee by the decision of the Hon'ble ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the view taken by my predecessor. I have also gone through the order of Hon'ble Delhi High Court in the case of M/s Sahara India Mutual Benefit Company Limited (an associate concern) for AYs 1993-94, 1999- 00 & 2000-01. In the said order the Hon'ble Court, referring to its order dated 20.09.2012 in the appellant's own case of penalty u/s 271D upholding the decisions of CIT(A) and Hon'ble ITAT on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re applicable on facts and in law to the present case and are binding. The two provisions u/s 269SS and 269T, and consequential penalties u/s 271D and 271E, are also pari materia. In the circumstances, I hold that appellant had reasonable cause as contemplated u/s 273B and was entitled to the exemption from levy of penalty u/s 27IE. Accordingly, these grounds of appeal are allowed and the penalt ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
