TMI Blog2022 (2) TMI 214X X X X Extracts X X X X X X X X Extracts X X X X ..... ings, the matter has been decided in favour of the assessee and in the same order, the matter relating to consequent levy of penalty has been restored back to the file of the AO. Therefore, the findings recorded in para 10 while disposing off ground relating to levy of penalty u/s 271CA is hereby rectified/amended with the following findings which shall read as under:- As we have held in Para 4 above that there is no merit in the orders of the AO treating the assessee in default for non deduction of tax u/s 206C(1) of the Act in respect of scrap sales affected by him during the year under consideration, the consequent levy of penalty u/s 271CA of the Act is hereby directed to be deleted. Further, in concluding para 11, in place of e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. Now coming to the merits of the miscellaneous applications, the ld. AR taken us through the order of the Co-ordinate Bench wherein the matter relating to treating the assessee in default u/s 201(1)/201(1A) of section 206C of the Act along with the imposition of penalty u/s 271CA was raised. Our reference was drawn to para 4 of the decision of the Coordinate Bench where the Co-ordinate Bench has given a finding that it does not find merit in the order of AO treating the assessee in default for non-deduction of tax u/s 206C(1) of the Act in respect of scrap sales affected by him during the year under consideration. In respect of imposition of penalty u/s 271CA, our reference was drawn to the findings of the Co-ordinate Bench in para 10 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not find any merit in the order of the AO treating the assessee in default for non-deduction of tax u/s 206C(1) of the Act in respect of scrap sales affected by him during the year under consideration. 7. Whereas when it comes to the matter relating to levy of penalty u/s 271CA, the findings are contained at para 10 wherein the matter has been restored back to the file of Assessing Officer to decide the same afresh and thereafter, in para 11, both the appeals of the assessee are allowed for statistical purposes. 8. We therefore, find that there is an apparent mistake which has crept in the order of the Co-ordinate Bench wherein in the quantum proceedings, the matter has been decided in favour of the assessee and in the same order, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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