2019 (5) TMI 2011

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....enue : Smt. Chandrakanta, Sr. DR Order PER DR. B.R.R. KUMAR, A.M: The present appeal has been filed by the Assessee against the order of the Ld. CiT(A)-3, Gurgaon dt. 03/11/2017. 2. In the present appeal Assessee has raised the following grounds: 1. That the Ld. Commissioner of Income Tax (Appeals) has erred in not entertaining the appeal of the assessee on account of delay in....

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....s. 1.75 crores. 3.1 Thereafter, vide his penalty order date 27.03.2015, the Assessing Officer levied penalty amounting to Rs. 17,50,000/- (10% of the surrendered income of Rs. 1.75 crores). 3.2 Simultaneously, the Assessing Officer levied penalty under section 271(1)(c) of the Act vide his order dated 27.03.2015. 3.3 Against the said two orders, the assessee, filed a consolidated appeal b....

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....and also on the judgment of Hon'ble Madras High Court in case of Madhur Dadha Vs. ACIT (Mad) 317 IR 458, the Ld. CIT(A) held that condonation is not the matter of right and Court has to exercise the discretionary jurisdiction. 5. We have gone through the facts of the record. It's a matter of public knowledge and belief that there is only assessment for one year and one penalty order for one ass....