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2019 (6) TMI 607

e assessee, detail of tax paid has been duly shown, which has not been controverted by the Senior DR. Perusal of the impugned order passed by the CIT (A) shows that somehow CIT (A) has omitted to account for the deposit of ₹ 27,70,110/- made by the assessee in the bank being tax paid on the declared income and reached the conclusion to confirm the penalty levied by the AO, whereas computatio .....

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the assessee ) by filing the present appeal sought to set aside the impugned order dated 24.06.2016 passed by the Commissioner of Income-tax (Appeals)-3, Gurgaon qua the assessment year 2010-11 confirming the penalty levied u/s 271AAA on the grounds inter alia that :- 1. That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in confirming the action .....

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nd circumstances of the case. 2. Briefly stated the facts necessary for adjudication of the controversy at hand are : On the basis of assessment framed under section 143 (3)/153A (1)(b) of the Income-tax Act, 1961 (for short the Act ) at the income of ₹ 1,96,29,030/-, penalty proceedings were initialed u/s 271AAA of the Act on the ground that the assessee has made voluntary declaration of &# .....

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Representatives of the parties to the appeal, gone through the documents relied upon and orders passed by the revenue authorities below in the light of the facts and circumstances of the case. 5. Bare perusal of the impugned order passed by the ld. CIT (A) shows that the penalty has been confirmed by holding that the assessee has not paid taxes and penalty in respect of undisclosed income in due t .....

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ld. CIT (A) has omitted to account for the deposit of ₹ 27,70,110/- made by the assessee in the bank being tax paid on the declared income and reached the conclusion to confirm the penalty levied by the AO, whereas computation of income and Form 26AS duly shows that the said amount has been paid in the bank on 04.01.2010 which is well within time. 7. In view of what has been discussed above .....

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