2019 (6) TMI 243

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....e Revenue : Shri S.L. Anuragi, Sr.DR ORDER This appeal by Assessee has been directed against the Order of the Ld. CIT(A)-40, Delhi, Dated 03.04.2018, for the A.Y. 2009-2010, challenging the levy of penalty under section 271(1)(c) of the I.T. Act, 1961. 2. I have heard the Learned Representatives of both the parties and perused the findings of the authorities below. 3. The Learned Couns....

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....and also submitted that failure of the A.O. to strike-off column in show cause notice is no ground for deleting the penalty. The Ld. D.R. relied upon the Order of ITAT, Chennai Bench reported in TS-289- ITAT-2019-CHNY. 5. I have considered the rival submissions. In this case, the A.O. issued show cause notice before levy of the penalty under section 271(1)(c) of the I.T. Act, 1961, Dated 30.12.....

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....sion is confirmed by the Hon'ble Supreme Court reported in 73 taxmann.com 248. Further, the ITAT, Delhi SMC-Bench in the case of M/s. Elevate Developers Pvt. Ltd., New Delhi vs. The DCIT, Circle-8(1), New Delhi (supra), in para 6.1 held as under : "6.1. In the present case, the assessing officer while passing the assessment order initiated the penalty proceedings for furnishing inaccurate....