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TMI Blog2012 (11) TMI 67X X X X Extracts X X X X X X X X Extracts X X X X ..... e is directed against the impugned order of the learned CIT (A)-XX, Ahmedabad in Appeal No/CIT (A)-XX/38/09-10 dated 21.12.2009 for the assessment year 2004-05. 2. The Revenue has raised three grounds in its grounds of appeal. However, the grievance of the Revenue is confined to a solitary ground, namely, "the CIT (A) had erred in restricting the penalty imposed u/s 271(1) (c) of the Act by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g the course of hearing before the earlier Bench of this Tribunal, representatives of both the parties were present and put-forth their respective stand. 6. While adjudicating the assessee's appeal in respect of imposing of penalty u/s 271(1) (c) of the Act, the Hon'ble earlier Bench, vide its Order in ITA No.1458/Ahd/2008 and ITA.No.1019/Ahd/2010 dated: 18.6.2010 for the AY under consideration, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that there is no finding of facts as to how the assessee has furnished inaccurate particulars of income thereby concealing the income. Accordingly, we delete the levy of penalty. This appeal of the assessee is allowed." 7. In essence, the CIT (A)'s impugned order in restricting the penalty imposed by the AO has since been decided by the earlier Bench of the Tribunal in assessee's favour way back ..... X X X X Extracts X X X X X X X X Extracts X X X X
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