TMI Blog2019 (8) TMI 1124X X X X Extracts X X X X X X X X Extracts X X X X ..... Ashima Neb, Sr. DR ORDER PER SUCHITRA KAMBLE, J.M.: This appeal is filed by the assessee against the order dated 07.10.2016 passed by the CIT(A)-35, New Delhi for the assessment year 2010-11. 2. The grounds of appeal are as under : 1. That on the facts and in the circumstances of the case and in law, the Ld. Commissioner of Income Tax (Appeals) - 35 ( Ld. CIT(A) ) erred in confirming penalty of INR 4,92,973 under section 271(1)(c) of the Income Tax Act, 1961 ( Act ) in impugned penalty order passed on March 24, 2015 by the Ld. Deputy Commissioner of Income Tax, Circle 6(2), New Delhi ( Ld. AO ). 2. That on the facts and in the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the decision of the jurisdictional High Court in the case of Commissioner of Income Tax Vs. Mohair Investment And Trading Co. P. Ltd. (245 CTR 312). 7. On the facts and circumstances of the case, the Ld CIT(A), erred in initiating the penalty proceedings under section 271(1)(c) of the Act. That the above grounds of appeal are without prejudice to each other. That the appellant reserves its right to add, alter, before or at the time of hearing of this appeal. 3. The assessee filed its return of income on 23.10.2010 declaring an income of ₹ 3,50,70,596/-. The assessment was completed u/s. 143(3) on 29.11.2012 at an income of ₹ 6,32,17,580/- after making ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nalty order, the assessee filed appeal before the CIT(A). The CIT(A) dismissed the appeal of the assessee. 5. The ld. AR submitted that the quantum appeal on the grounds of assessee s claim regarding allowance of written off TDS of ₹ 14,50,350/- has been allowed by the Tribunal in ITA No. 185/Del/2014 A.Y. 2010-11, order dated 11.07.2017. Therefore, the ld. AR submitted that the very basis of penalty does not survive. Therefore, penalty appeal be allowed. 6. The ld. DR relied upon the order of the CIT(A) and the penalty order as well as the assessment order. 7. We have heard both the parties and perused the relevant material available on record. It is pertinent to note that the quantu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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