2025 (11) TMI 2021

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.... for AY 2011-12 and penalty order dated 31.08.2016 passed u/s 271(1)(c) of the Act for AY 2012-13. 2. As these captioned appeals filed by the Revenue are having common issue of deletion of penalty levied u/s 271(1)(c) of the Act therefore, these two appeals filed by the Revenue are decided by a common order. 3. First we take the Revenue's appeal in ITA No. 4312/Del/2025 for AY 2011-12. ITA No. 4312/Del/2025 [Assessment Year : 2011-12] 4. Brief facts of the case are that in this case consequent to the search, assessment was completed at a total income of INR 10,10,00,000/- vide assessment order dated 30.03.2016 passed u/s 144/153A r.w.s. 143(3) of the Act and initiated the penalty proceedings u/s 271(1)(c) for concealme....

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..... 3. On the facts and circumstances of the case the Ld. CIT (A) erred in deleting the penalty which imposed on quantum addition of Rs. 10,10,00,000/- by not appreciating the facts that AO in its assessment order has clearly stated that during the post search inquiries, Yamuna Express Way Industrial Development Authority (YEIDA) has confirmed the above said payment made by the assessee company to them. 4. On the facts and circumstances of the case, the Ld. CIT (A) has erred in deleting the penalty as while making quantum addition in the case of assessee was completed ex-parte and Ld. CIT (A) has not given opportunity to the AO for examining the books of the assessee and further treatment of payment made to YEIDA by the....