2021 (4) TMI 1301

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....K. SAINI, VICE PRESIDENT This is an appeal by the Assessee against the order dated 28/05/2019 of Ld. CIT(A)-3, Ludhiana. Following grounds have been raised in this appeal. "1. That order levying penalty U/s 271(1)(c) amounting to Rs. 17,00,000/- passed by the learned Commissioner of Income Tax (Appeals)-3, Ludhiana is against law and facts on the file inasmuch as no such penalty was exigible ....

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....as levied, had been set aside by this Bench of the ITAT in ITA No. 543/Chd/2019 for the A.Y. 2010-11 vide order dated 22/04/2021 in assessee's own case. Copy of the said order was furnished which is placed on record. 4. The ld. Sr.DR, although supported the order of the authorities below but could not controvert the aforesaid contention of the ld. Counsel for the assessee. 5. We have considere....

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....the assessment order on the basis of which penalty for concealment is levied, are deleted, there remains no basis at all for levying penalty for concealment and, therefore, in such a case no penalty can survive and the penalty is liable to be cancelled. Ordinarily, penalty cannot stand if the assessment itself is set aside." 7. In the present case, the basis for levying the penalty U/s 271(1)(c)....