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2023 (5) TMI 841

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....enue : Sh. Sanjay Tripathi, Sr. DR ORDER 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)....

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....tances of the case in confirming the order of the Ld. AO in charging interest 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 practicin....

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..../- and assessed the total income of the assessee at Rs.34,93,520/- after addition 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....

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.... facts of the case and in light of the provisions of the Act, I am of the considered view that the 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 Ap....