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TMI Blog2020 (8) TMI 746X X X X Extracts X X X X X X X X Extracts X X X X ..... F INCOME TAX ACT PER PAWAN SINGH, JUDICIAL MEMBER: 1. This appeal by revenue is directed against the order of ld. Commissioner of Income Tax (Appeals)-16, [CIT(A)], Mumbai dated 24.12.2018 for Assessment Year 2011-12. The revenue has raised the following grounds of appeal: i. "Whether on the facts and in the circumstances of the case and in law, was Ld. CIT(A) right in deleting the penalty lev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y under section 271(1)(c) of the Act. The show-cause notice under section 271(1)(c) r.w.s 274 dated 16.05.2017 was served upon the assessee. In response to the show-cause, the assessee filed reply dated 22.05.2017. In the reply, the assessee contended that the purchases made by assessee were genuine. It was stated that the assessee made the payment through Account Payee cheques, all the evidence p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... om 51 (Mumbai Trib.). Aggrieved by the order of ld. CIT(A), the revenue has filed the present appeal before us. 5. None appeared on behalf of assessee; the notice sent through registered post with acknowledgement due (RPAD) returned back un-served with the remark of postal authority "Left". Thus, we left no option except to hear the submission of ld. Departmental Representative (DR) for the reve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The Assessing Officer levied the penalty on the disallowances made while passing the assessment order. Before the ld. CIT(A), the assessee made exhaustive submission and relied upon the various case law including the decisions of M/s Chempure vs. ITO (supra) & Earthmoving Equipment Service Corporation vs. Dy.CIT (supra). The ld. CIT(A) after considering the submission of assessee concluded that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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