2019 (1) TMI 1466

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....ER BEENA A PILLAI, JUDICIAL MEMBER Present penalty appeal has been filed by Revenue against order dated 13/03/15, passed by Ld.CIT (A)-4, New Delhi for assessment year 2006- 07 on following grounds of appeal: 1. "Whether on the facts and circumstances of the case and in law, the Ld. CIT(A) has erred in deleting penalty imposed u/s 271(1)(c) for Rs. 61,51,765/-. 2. The appellant craves leave, ....

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....after issued notice under section 274, for levy of penalty under section 271 (1) (c) of the Act. Assessee in the meanwhile, preferred appeal before Hon'ble Delhi High Court, against Tribunal's order on 21/12/12 and Hon'ble Delhi High Court admitted the appeal. 5. Against the penalty order passed by Ld.AO assessee preferred appeal before Ld.CIT (A). Ld.CIT (A) deleted penalty by following decision....

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....r after 01/04/06 because the machinery was acquired before 31st of March, 2006 but was installed after 01/04/06?." 8. Ld.Counsel placed reliance on order dated 05/10/10 passed by Hon'ble Delhi High Court in case of CIT vs Liquid Investment and Trading Co., in ITA No. 240/2009, and submitted that, admission of issue on which penalty has been levied would make it apparent that, such addition made i....