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2024 (4) TMI 934

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....the - Sr.DR ORDER PER DR. DIPAK P. RIPOTE, AM: These two appeals filed by the assessee against the separate orders of ld. Commissioner of Income Tax(Appeals)[NFAC] under section 250 of the Act, emanating from the separate penalty orders under section 271(1)(c) of the Income Tax Act, 1961; both dated 13.06.2017 for A.Y. 2012- 13 and 2011-12 respectively. Since facts of both appeals are similar, ....

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....other ground that may be taken at the time of hearing." 1.1 The assessee for A.Y. 2012-13 has raised the following grounds of appeal: 1. Whether on the facts and circumstances of the case, the Commissioner of Income Tax (Appeals) was justified in upholding the penalty levied by the Assessing Officer u/s 271(l)(c) even when the quantum proceedings were subjudiced and it was requested by the appe....

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.... : 3. The ld. Departmental Representative(ld.DR) for the Revenue has accepted that ld.CIT(A) has deleted the quantum addition. Findings &Analysis : 4. We have heard both the parties and perused the records. We have perused the common order passed by ld.CIT(A) for A.Y. 2010-11 and A.Y. 2012-13. The ld.CIT(A) deleted the addition made under section 69C of the Act based on the Remand Report filed ....