2022 (12) TMI 1271

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....i, Sr. DR ORDER PER ANIL CHATURVEDI, A.M. This appeal by Assessee has been directed against the Order of the Ld. CIT(A)-1, New Delhi, dated 27.08.2018 in Appeal No.05/17-18 relating to the A.Y. 2011-2012. 2. The relevant facts as culled from the material on records are as under : 2.1 Assessee is a company working as an Indenting Agents & Exporters. Assessee electronically filed its ....

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....elief to the assessee whereby Ld. CIT(A) restricted the depreciation on land to Rs. 10,75,606/- as against the claim of Rs. 1,17,51,405/- disallowed by A.O. and on the issue of income from house property shown as income from other sources, granted relief to the extent of Rs. 3,95,010/-. On the additions aggregating to Rs. 18,98,981/- that were upheld by the Ld. CIT(A), the A.O. vide penalty order ....

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....ssee's own case for A.Y. 2015-16. The coordinate bench of Tribunal in ITA No. 8532/Del/2019 order dated 11.10.2022 while deciding the issue for A.Y. 2015-16 has deleted the penalty. He placed on record the copy of the aforesaid order. He therefore submitted that in view of the aforesaid decision by the Tribunal in assessee's own case on identical facts, the penalty levied by A.O. and upheld by the....

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....and added to the assessee's income. In these facts, penalty u/s 271(1)(c) was levied. On similar facts, penalty was upheld by the Ld. CIT(A) in the earlier year also. 4. After careful considering the facts of the case and perusing the records, we find that the assessee has relied upon the decision of the Hon'ble Supreme Court in the case of CIT vs Reliance Petro Products (P.) Ltd. The sam....