2013 (1) TMI 1077

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.... by : Shri K.L. Aneja ORDER PER CHANDRA MOHAN GARG, JUDICIAL MEMBER This appeal has been preferred by the revenue against the order of the Commissioner of Income Tax(A), Muzaffarnagar dated 25.09.2012 by which he partly allowed the appeal of the assessee which was filed against the order of the Assessing Officer dated 28.03.2012 u/s 271(1)(c) of the Income Tax Act, 1961 (for short the Act....

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....nt of Rs.2,95,000/- non admission by Sh. Rahul Kumar (iii) Disallowance u/s 40A(3) Rs.6,85,000/- (iv) Disallowance on account of re-casted Rs.1,49,896/- Receipts and Payments Account 4. Aggrieved, the assessee filed an appeal before the Commissioner of Income Tax(A), Muzaffarnagar which was partly allowed vide order dated 20.07.2011 wherein the additions pertaining to disallow....

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..... Now, the revenue is before this Tribunal raising the ground mentioned hereinabove in this order. 5. We have heard rival arguments of both the parties and carefully considered the material placed before us. At the outset, on specific query from the Board, the assessee and his counsel submitted that the assessee has not filed any appeal on part confirmation of the penalty order. Ld. DR submitte....

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....Officer for initiation of the penalty proceedings under the said clause (c). The DR supported the penalty order and prayed that the impugned order of the ld. Commissioner of Income Tax(A) be set aside and that of the Assessing Officer be restored. 6. Replying to the above submissions, the counsel for the assessee supported the impugned order and contended that in the case of Commissioner of Inc....