2018 (5) TMI 1863

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..... eal filed by the assessee is directed against the order dated 06.08.2015 of CIT(A)- 19, New Delhi relating to assessment year 2008-09. 2. Levy of penalty of Rs. 6,83,163/- by the Assessing Officer u/s 271(1)(c) of the I.T. Act, 1961 which has been confirmed by the ld. CIT(A) is the only issue raised by the assessee in the grounds of appeal. 3. Facts of the case, in brief, are that the assessment .....

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..... Bench to the notice issued by the Assessing Officer u/s 274 r.w.s. 271 of the I.T. Act, 1961 dated 28.02.2014, copy of which is placed at page 59 of the Paper Book. Referring to the said notice, he submitted that the Assessing Officer has not struck off the inappropriate words in the said notice. Referring to the decision of the Hon'ble Supreme Court in the case of CIT vs. M/s SSA's Emerald Meado .....

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..... for assessment year 2006-07, he submitted that under identical circumstances the penalty levied by the Assessing Officer and confirmed by the ld. CIT(A) was deleted for non-striking of the inappropriate words. He submitted that the Tribunal in the said decision has considered the various decisions while cancelling the penalty so levied. He accordingly submitted that this being a covered matter in .....

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..... y the ld. CIT(A) should be upheld. 9. We have considered the rival arguments made by both the sides and perused the material available on record. A perusal of the notice issued u/s 274 r.w.s. 271 of the I.T. Act dated 28.02.2014, copy of which is placed at page 15 of the Paper Book, shows that the Assessing Officer has not struck off the inappropriate words. A perusal of the assessment order show .....

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..... er for concealment of particulars of income or for furnishing of inaccurate particulars of income. Under these circumstances, we cancel the penalty so levied by the Assessing Officer which has been confirmed by the ld. CIT(A). The grounds raised by the assessee are accordingly allowed. 10. In the result, the appeal filed by the assessee is allowed. Order pronounced in the open Court on this 31st .....

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