2010 (5) TMI 891

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....a. O R D E R Per J. Sudhakar Reddy, A.M. This is an appeal filed by the Revenue directed against the order of the CIT(Appeals)-VI, Mumbai dated 12-05-2009 for the assessment year 2005-09 on the following grounds : " On the facts and in the circumstances of the case, the Ld. CIT(A) has erred in cancelling the penalty levied depending on the decision of the Hon'ble Apex Court in th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s 40(a)(ia) of the Act by observing that the assessee had deducted tax at source but there was some delay in payment of TDS in the Govt. Treasury. The AO asked the assessee to file details of party-wise freight rate, with corresponding details of TDS deducted and the date on which the amount was credited in the Govt. Treasury. The assessee admitted delay and requested the AO to disallow the amount....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... not amount to concealment of income or furnishing of inaccurate particulars of income. He held that the assessee had made full disclosure. He deleted the penalty. Aggrieved, the Revenue is in appeal before us. 5. We have heard Mr. M. Jagdish and Mr. S.S. Rana, the learned representatives appeared on behalf of the Revenue. 6. On a careful consideration of the facts and circumstances of th....