TMI Blog2014 (5) TMI 991X X X X Extracts X X X X X X X X Extracts X X X X ..... nalty proceedings after passing a fresh assessment in accordance with law – Decided against Revenue. - I.T.A. No.3189/Ahd/2010, I.T.A. No.3186/Ahd/2010 - - - Dated:- 25-4-2014 - Shri Kul Bharat And Shri T. R. Meena,JJ. For the Appellant : Shri O. P. Batheja, Sr. DR For the Respondent : Ms. Urvashi Shodhan, A.R. ORDER Per Shri Kul Bharat, Judicial Member : These two ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of CIT(A) on the above grounds be set aside and that of the AO be restored. The appellant craves leave to amend or alter any ground or add a new ground which may be necessary. 3. At the outset, the ld.counsel for the assessee submitted that the penalty has been levied on the basis of the additions made on account of the rejection of claim of deduction u/s.80HHC of the IT Act, 1961 and adjustmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he AO will be at liberty to initiate penalty proceedings after passing a fresh assessment in accordance with law. Thus, grounds of Revenue s appeal are rejected. 5. In the result, Revenue s appeal for AY 2003-04 is dismissed. 6. Now, we take up the Revenue s appeal in ITA No.3186/Ahd/2010 for AY 2004-05. The Revenue has raised the following grounds of appeal:- 1. The Ld.CIT(A) erred in la ..... X X X X Extracts X X X X X X X X Extracts X X X X
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