2012 (6) TMI 874

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..... O R D E R Per R.S.Syal, AM : This appeal by the assessee arises out of the order passed by the learned CIT(A) on 07.04.2011 in relation to the assessment year 2005-2006. 2. Apart from assailing the confirmation of penalty by the learned CIT(A) u/s 271(1)(c) of the Act on other issues, it has been argued through ground no.3 that the learned CIT(A) erred in not appreciating that the Assessing O .....

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..... d. In view of the fact that the question of limitation is a legal 2 ITA No.4144/Mum/2011 M/s.Stratcap Securities (India) Private Limited. issue, we are of the considered opinion that the same is liable to be decided at the very first instance. 3. As the learned CIT(A) has not decided this aspect of the matter and further there is no such discussion in the penalty order by the A.O. as well, we .....

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