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TMI Blog2022 (8) TMI 1188X X X X Extracts X X X X X X X X Extracts X X X X ..... dralekha Constructions Private Limited. Learned CIT (A) while passing the order inadvertently mentioned the name of appellant as Chandralekha Infrastructure Pvt. Ltd. instead of Chandralekha Constructions Pvt. Ltd. The appellant has filed letter of correction of mistake apparent from records (copy attached). Learned CIT (A) has passed corrigendum order. (copy attached). 2. That having regard to the facts and circumstances of the case, the Learned CIT (A) as well as Learned Assessing Officer have erred in framing the impugned Assessment Order and that is in violation of principles of natural justice. 3. That the penalty orders passed by the Learned CIT (A) Learned Assessing Officer U/S 271 (I) (c) are erroneous, unjustified, unreasonable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he total addition of Rs. 62,63,355/- and confirmed the addition of Rs. 2196,242/- to the total income. 6. The above said addition sustained by the CIT(A) has been treated as concealment of income and an order u/s 271(1)(c) of the Act came to be passed. 7. As against the penalty order, the assessee has preferred an Appeal before the CIT(A). The Ld.CIT (A) vide order dated 25/10/2017 dismissed the appeal filed by the assessee. 8. Aggrieved by the order dated 24/04/2015 passed by CIT(A), the assessee has preferred the present Appeal. It is not in dispute that the original assessment order, the A.O has made an addition of Rs. 62,63,355/- on account of payments of sub contractors which have not been subject to tax deduction at source and also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ine or bogus - It is also a fact that there is nothing on record or alleged that the payment of interest is excessive or unreasonable - The disallowance has been made for non-deduction of TDS in view of provisions of section 40(a)(ia) - The legal fiction created by section 40(a)(ia) will not attract penalty for furnishing of inaccurate particulars of income because there is no inaccurate particulars in the return of income." Further the Hon'ble Gujarat High Court in the case of CIT Vs. M/s Venus Engineers 2011 (8) TMI 1163 (Guj) (H.C) wherein the Hon'ble High Court has held as under:- "On hearing learned Counsel Mrs. Mauna M. Bhatt and on examining the orders of adjudicating authorities, it can be seen that Tribunal was of the opinio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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