2020 (10) TMI 1149

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.... ORDER PER PAVAN KUMAR GADALE - JM The assessee has filed an appeal against the order of the Ld.CIT(A)-42, Mumbai, passed u/s 271(1)(c) and 250 of the Income Tax Act, 1961.The assessee has raised the following grounds of appeal: On the facts and in the circumstances of the case, the Learned Commissioner of Income Tax (Appeal)- 42, MUMBAI (, hereinafter referred to as 'the CIT(A)') ha....

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....er the information of Sales Tax Department, Government of Maharashtra and assessee is one of the beneficiary and has obtained bills aggregating to Rs. 13, 31, 855/- from five entities. The A.O. based on the information, issued notice under section 148 of the Act. The assessee filed a letter to treat the return of income filed under section 139 of the Act as compliance. Subsequently, the A.O. has i....

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.... has levied the penalty based on the addition of Rs. 5, 22, 057/- which worked out to Rs. 1, 34, 980/-and passed the order under section 271(1)(c) dated 29.09.2016. 3. Aggrieved by the penalty order, the assessee has filed an appeal with the CIT(A).The CIT(A) considered the grounds of appeal and the submissions of the assessee but the confirmed the action of the A.O in levy of penalty and dismi....

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....perused the material on record. The sole crux of the disputed issue as envisaged by the Ld. AR is with respect to levy of penalty u/s 271(1)(c) of the Act by the A.O based on the order of the A.O under 143 r.w.s 147 of the Act. The LdAR has emphasized that as against the addition of bogus purchases, the assessee has preferred an appeal before the Hon'ble Tribunal. The Hon'ble tribunal has directed....