2018 (3) TMI 1466

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....r the Respondent / Sole. PER COURT : 1. All these appeals assail the order of the Tribunal allowing the appeals of the assessee. All these matters pertains to assessment years 1999-2000, 2000-2001, 2001-2002, 2002-2003 and 2003-2004. In all these appeals the tax liability is less than Rs. 20 Lacs. The Department has taken a decision pursuant to Central Board Direct Taxes Circular dated 10....

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....dvised by the Chartered Accountant in claiming the said relief is unacceptable. The Chartered Accountant is an expert, who is presumed to be aware of the provisions of law. In such a case, the respondent cannot take the shelter of the advise of the Chartered Accountant. The learned advocate relies on the Judgment of the Apex Court in a case of Union of India (UOI) and others Vs. Dharamendra Tex....

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....son enough for imposition of penalty. 7. The Tribunal has accepted the contention of the assessee on the basis of the affidavit filed by the Chartered Accountant / advisor that he gave wrong advise and the situation were explained about the bona-fide error being committed with regard to the applicability of the provision of law. The benefit was claimed on the basis of the deleted provision wher....