2019 (8) TMI 1124

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....r the Respondent : Ms. Ashima Neb, Sr. DR ORDER PER SUCHITRA KAMBLE, J.M.: This appeal is filed by the assessee against the order dated 07.10.2016 passed by the CIT(A)-35, New Delhi for the assessment year 2010-11. 2. The grounds of appeal are as under : "1. That on the facts and in the circumstances of the case and in law, the Ld. Commissioner of Income Tax (Appeals) - 35 ('L....

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....g the amount of TDS recoverable written off of INR 14,50,350. 4. That the Ld. CIT(A) has erred in law in confirming penalty for filling of inaccurate particulars of income under section 271(1)(c) of the Act without appreciating that mere rejection of a claim does not tantamount to filing of inaccurate particulars of income. 5. That the Ld. CIT(A) has erred in law in confirming pe....

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....y proceedings under section 271(1)(c) of the Act. That the above grounds of appeal are without prejudice to each other. That the appellant reserves its right to add, alter, before or at the time of hearing of this appeal." 3. The assessee filed its return of income on 23.10.2010 declaring an income of Rs. 3,50,70,596/-. The assessment was completed u/s. 143(3) on 29.11.2012 at....

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..... 154 of the Act was passed on 06.06.2013, deleting the addition made on account of income accrued but not due of Rs. 70,20,855/- and disallowance of expenses of Rs. 47,69,380/-. Since these additions were treated as concealed income and inaccurate particulars of income of the assessee, show cause notice u/s. 271(1)(c) of the Act read with section 274 dated 29.11.2012 was issued and served upon th....