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TMI Blog2014 (7) TMI 333X X X X Extracts X X X X X X X X Extracts X X X X ..... ; 1,00,00,000/- & disallowance of bad debts amounting to ₹ 2,23,63,430/- and also issued notice u/s.274 r.w.s. 271(1)(c) of the Act - assessee submitted that the addition made on the basis of the disallowances of bad debts and advertisement expenses have already been deleted in earlier assessment year - Since both the additions, in respect of bad debts and advertisement expenses have been de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 77; 30,10,000/- levied u/s.271(1)(c) made in respect of disallowance of ₹ 1,00,00,000/- being amount paid to Nirma Education Research Foundation. 2. On the facts and circumstances of the case, the Ld.Commissioner of Income tax (A) ought to have upheld the order of the Assessing Officer. 3. It is, therefore, prayed that the order of the Ld.Commissioner of Income tax (A) may be set-asi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r considering the submissions of the assessee, deleted the penalty on the basis that the Hon ble Tribunal (ITAT A Bench Ahmedabad) in ITA No.3927/Ahd/2008 Others for AY 2004-05, dated 30/07/2010 has decided the appeal in favour of the assessee. Now, the Revenue is in appeal before us. 3. The ld.Sr.DR supported the order of the penalty. On the contrary, ld.counsel for the assessee submitted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reby the addition made by the AO has been deleted. 4.2. Since both the additions, i.e. in respect of bad debts and advertisement expenses have been deleted by the Coordinate Bench of this Tribunal in ITA No.3927/Ahd/2008(supra), we are of the considered view that penalty imposed thereon does not survive. Accordingly, we do not find any infirmity in the order of the ld.CIT(A), same is hereby uph ..... X X X X Extracts X X X X X X X X Extracts X X X X
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