2011 (9) TMI 1020

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.... Tyagi, JM This appeal of the revenue is directed against the order of CIT(A)-IV, Ahmedabad dated 04-10-2010 and pertains to assessment years 2001-02, 2002-03 & 2005-06. 2. The effective ground raised in the appeal is that the CIT(A) erred in law and on facts in deleting penalty levied u/s 271(1)(c) of the Act respect of income disclosed in the return filed u/s 153A of the Act. 3. The und....

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....Maheswari in IT(SS)A No.69/Rjt/2009 order dated 03rd June, 2011 and in the case of Shri Sukla Nehal Chimanlal in IT(SS)A. No.60,61,62&63/Rjt/2009 order dated 17th June, 2011, under identical set of facts and circumstances, has held that since the assessee has disclosed the additional income in the return filed consequent to notice u/s 153A of the Act there cannot be any levy of penalty. Though, th....

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....o be computed only on the basis of the returns filed by the assessee in response to notices issued u/s 153A / 153C of the Act. On identical set of facts this Tribunal by following its earlier order in ITA No.68/rjt/2009 confirmed the identical order of CIT(A) in the case of Shri Shantilal Jerambhai Maheswari IT(SS)A No. 69/Rjt/2009 order dated 03rd June, 2011. In this case also the assessee has di....