2017 (6) TMI 1206

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....see has filed the present appeal against the impugned order dated 18th March 2013, passed by the learned Commissioner (Appeals)-I, Nagpur, relevant to the assessment year 2008-09. The effective ground raised by the assessee is reproduced below: - "On the facts and in the circumstances of the case, the learned Hon'ble Commissioner of Income Tax (Appeals)-II, was arbitrary and unjustified i....

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....measuring 1.45 H.R. at Mauza: Salai (Khurd) Khursapar, Tah. Katol Dist. Nagpur Rs. 3,00,000 3. Smt. Kuntilabai Arunrao Khodankar, Kondhali, Teh. Katol Dist. Nagpur Survey no.40, admeasuring 0.97 H.R. at Mauza: Salai (Khurd) Khursapar, Tah. Katol Dist. Nagpur Rs. 90,000 4. Shri Kiritbhai Jivrajbhai Patel, Surya Nagar, Nagpur Survey no.30/2, admeasurin....

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....rned Commissioner (Appeals) confirmed the penalty, therefore, the assessee filed the present appeal before the Tribunal. 4. We have heard the arguments advanced by both the parties and perused the material on record. The facts are that, the assessee purchased the land from four parties whose details have been given at Page-1 of the penalty order. The Assessing Officer examined Shri Arun Khodank....

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....which the penalty is levied. Therefore, the penalty is not liable to be sustainable. In support of this contention, the learned Counsel for assessee placed reliance upon the law settled by the Hon'ble Jurisdictional High Court in the following decisions: - i) CIT v/s Shri Samson Perinchery, [2017] 392 ITR 4 (Bom.); ii) CIT & Ors. v/s M/s. SSA's Emerald Meadows, ITA no.380 of 2015....