2019 (6) TMI 434

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....espondent : Sh. Amit Katoch, Sr. DR ORDER PER SUCHITRA KAMBLE, JM This appeal is filed by the assessee against the order dated 01/09/2016 passed by CIT(A)-35, New Delhi for Assessment Year 2012-13. 2. The grounds of appeal are as under:- "1. That the Appellate Order of the learned Commissioner of Income Tax (Appeals)-35, New Delhi (here-in-after referred to as the 'CIT (Ap....

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....rn of income on 28.09.2012 declaring total income of Rs. 26,00,50,950/-. Case was selected for scrutiny and assessment in this case was completed u/s 143(3) of the Income Tax Act, 1961 (the Act) on 09.01.2015 thereby making an addition on account of interest received on income tax refund was not offered for tax and disallowance of expenses u/s 14A. Penalty proceedings u/s 271(1)(c) of the Act for ....

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....artment wherein the interest column has been specifically mentioned 'not applicable'. Thus Ld. AR submitted that penalty order itself is bad in law. 6. The Ld. DR relied upon the order of the CIT(A) and the penalty order as well as assessment order. 7. We have heard both the parties and perused all the material available on record. The CIT(A) invoked Sec. 271(1)(c) of the Act and that too th....