TMI Blog2019 (8) TMI 765X X X X Extracts X X X X X X X X Extracts X X X X ..... he time of initiation as well as at the time of levy of penalty. In view of the above deliberation on this issue, without going into the merits of the case, we set-aside the order of the CIT(A) and direct the Assessing Officer to delete the entire penalty imposed by him. Accordingly, the legal ground raised by the assessee is allowed. - ITA Nos.880 to 885/PUN/2017 - - - Dated:- 1-8-2019 - Shri D. Karunakara Rao, AM And Shri Vikas Awasthy, JM For the Assessee : Shri Arvind J. Pandey For the Revenue : Shri Rajesh Gawali ORDER PER BENCH : There are six appeals under consideration. All these six appeals are filed by the assessee against the common or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Act was issued to the assessee on 10.02.2010. The assessee did not file the return of income in response to the said notice u/s 153A of the Act. Thereafter, the assessment was completed by the Assessing Officer u/s 143(3) r.w.s. 153A of the Act and assessed the total taxable income of the assessee at ₹ 65,00,000/-. Further, the Assessing Officer initiated the penalty proceeding stating that ..... concealment of income or furnishing inaccurate particulars of such income . (para 19 of the assessment order). 5. In the penalty order, the Assessing Officer clearly stated that the levy of penalty is for the default of ..... concealed the income and furnished the inaccurate particulars of income . (para 19 of the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd levying the penalty u/s 271(1)(c) of the Act. In this regard, we pursed the orders of the Revenue authorities. On perusal of para 19 of the assessment order, we find the following is the reasons for initiation of penalty proceedings :- 19. ..... concealment of income or furnishing inaccurate particulars of such income . 11. Further, we also perused the penalty order passed by the Assessing Officer on 30.03.2015. On perusal of penalty order, we find the following is the reasons for levy of penalty u/s 271(1)(c) of the Act :- 19. ..... concealed the income and furnished the inaccurate particulars of income . 12. The above extracts reveal that the Assessing Officer suff ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 17. We shall now take up the rest of the 5 appeals for the assessment years 2006-07 to 2010-11. Issues are identical in these five appeals of the assessee. ITA Nos.881 to 885/PUN/A.Ys. : 2006-07 to 22001170 -(151 A ppeals) 18. Considering the commonality of the issues relating to satisfaction while initiated the penalty proceedings as well as the arguments of the ld. Counsel for the assessee, we are of the opinion, legal issues raised in the rest of 5 appeals of the assessee for the assessment years 2006-07 to 2010-11 should also be allowed in favour of the assessee. Accordingly, the relevant legal grounds of these 5 appeals for the assessment years 2006-07 to 2010-11 stands allowed. 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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