2022 (2) TMI 238

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....y, Advocate Opposite Parties Mr. S.S. Mohapatra, Senior Standing Counsel ORDER 1. This matter is taken up by video conferencing mode. 2. The present appeal by the Assessee arises from an order dated 29th August, 2006 passed by the Income Tax Appellate Tribunal, Cuttack Bench, Cuttack (ITAT) in ITA No. 108/CTK/2005 for the Assessment AY, 2003-2004. 3. By the impugned order the ITAT d....

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.... (i) Whether the ITAT was justified in dismissing the appeal ignoring the facts and figures on record, particularly when specific ground regarding the same had been taken, taking into consideration the fact that the ITAT is the last fact finding authority? (ii) Whether on the facts and circumstances of the case the ITAT was justified in penalizing the appellant in default U/s 271C of the ....

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....covery of the short deduction by treating the assess-appellant as an assessee-in-default u/s 201(1) to the extent of short deduction in view of the ratio of the decision in the case of Hon'ble Gujarat High Court in CIT vs. Rishikesh apartments Cooperative Housing Society, Ltd. (2001) 171 CTR (Guj.) wherein the Hon'ble High Court has held that if the recipient of income has already paid of his tax ....

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....se. There was, therefore, no occasion for imposition of the penalty under Section 271C of the IT Act. 9. Learned Standing counsel for the Department has been unable to point out how the above orders of the CIT (A) and ITAT upholding the penalty levied by the AO on the Appellant are sustainable in law. Consequently the questions framed by this Court are all answered in favour of the Appellant As....