2009 (8) TMI 643

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....red this appeal under section 260A of the Income-tax Act, 1961 (for short, "the Act") against the order dated December 22, 2008, of the Income-tax Appellate Tribunal, Delhi Bench "B" passed in I. T. A. No. 509/DEL/2008 for the assessment year 2004-05, proposing to raise following substantial questions of law : "(i) Whether the learned Income-tax Appellate Tribunal is justified in deleting the p....

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.... issued and submitted with the annual return. On that account, there was delay. No loss was caused to the Revenue as the deduction of tax had already taken place. The Assessing Officer did not accept this plea. On appeal, the Commissioner of Income-tax (Appeals) accepted the explanation of the assessee and deleted the penalty, which order has been affirmed by the Tribunal. The Tribunal observed : ....