2017 (3) TMI 1947

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....peal by the Assessee against the order dated 06.05.2014 of C.I.T.(A)-XXXIII, Kolkata relating to A.Y.2009-10. 2. In this appeal the assessee has challenged the order of CIT(A) whereby the CIT(A) confirmed the order of AO imposing penalty on the assessee u/s 271(1)(c) of the Income tax Act, 1961 (Act). 3. The facts and circumstances under which penalty was imposed on the assessee by the AO ar....

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....nted out that there was a mistake at the time of filing the return of income and there was no intention whatsoever to conceal any particulars of income. The assessee also pointed out that M/s. Crisil Ltd had deducted tax at source on the payment made to the assessee and in such circumstances there was no reason for the assessee not to declare the aforesaid item of income in the return of income. T....

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....given in Form No.36 has been returned with the postal endorsement "left " . The ld. DR sought adjournment but the prayer for adjournment was rejected. 8. We have considered the orders of AO and CIT(A) and also the facts and circumstances of the case and are of the view that imposition of penalty cannot be sustained. It is not in dispute that the amount in question was received by the assessee b....