2014 (6) TMI 740

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...., Vice-President: This appeal by the Revenue and the CO by the assessee for the assessment year 2005-2006 are directed against the order of the CIT(A). These are being disposed of with this consolidated order. 2. At the time of hearing none appeared on behalf of the assessee. However, the assessee has filed written submissions with the request that the appeal of the Revenue and the CO of the ass....

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....d under section 271(1)(c) of the Act. 5. We have considered submissions of the learned DR and have perused the contents of the written submissions filed by the assessee. We find that in the quantum appeal of the assessee, the Tribunal vide its order dated 31.12.2010 has restored the issue of disallowance of commission expenditure to the file of the AO for the Asstt.Year 2005-2006 in ITA No.708/Ah....

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....05/Ahd/2011 (Assessee's CO) 4. The only ground of the CO of the assessee is as under: "1. The CIT(A) ought to have cancelled the penalty levied by AO on merits of the case also. It is submitted that in the facts and circumstances of the case and on merit of the case, the penalty u/s.271(1)(c) of the Act cannot be levied. It is submitted that it may be so held now." 5. The assessee has requested....