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2023 (5) TMI 841

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....RDER PER SHAMIM YAHYA, AM : This appeal by the assessee is directed against the order of the National Face Appeal Centre (NFAC), New Delhi, dated 19.11.2021 pertaining to Assessment Year 2016-17. 2. The grounds of appeal reads as under:- I. That the learned Commissioner of Income Tax (Appeal), National Faceless Appeal Centre ['Ld. CIT(A) has erred in the law and facts and circumstances of....

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....rest u/s 234A, 234B and 234C of the Income Tax Act, 1961 ("the Act"). V. That the Ld. CIT (A) has erred in law and facts and circumstances of the case in confirming the order of the Ld. AO in initiation penalty proceedings Section271(1)(c) of the Act. 3. Brief facts of the case are that the assessee is a practicing Chartered Accountant firm. The assessee filed return of income for the AY 2016-1....

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....of Rs.4,49,950/-. 4. Upon assessee's appeal, the Ld. CIT(A) considered the submission of the assessee and granted part relief to the assessee as under:- "5.3.6. In view of the aforementioned factual matrix, it is an admitted fact that the appellant assessee is claiming that a part of the Gross receipts do not pertain to the relevant FY 2015-16 even through the TDS of Rs.28,598/- has been deduct....

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.... addition to the income of the Appellant for AY 16-17 should be restricted to Rs.1,81,500/- and the balance should be assessed in the AY 17-18. Similarly, the TDS credit granted should be restricted to Rs.13,51,954/- for the concerned AY 16-17. The balance TDS credit should be made available to the Appellant when the corresponding income is offered to tax, i.e. during AY 17-18." 5. Against the ab....