9911796707
TMI Blog2018 (4) TMI 1562X X X X Extracts X X X X X X X X Extracts X X X X ..... yajeet Goel, CA Respondent by Sh. Vijay Verma, CIT DR O R D E R PER KUL BHARAT, JUDICIAL MEMBER.: These three appeals by the assessee are directed against the different orders of the Commissioner of Income Tax (Appeals)-24 pertaining to the assessment years 2005-06, 2006-07 and 2007-08. 2. Since the similar grounds were raised in all these appeals. All the appeals were taken up together and are being disposed of by way of consolidated order. 3. First of all, we take up the assessee s own appeal in ITA No. 641 pertaining to AY 2005-06. The assessee has raised the following grounds of appeal:- (1) i. That on the facts and circumstances of the case, the ld. CIT(A) is not justified in confirming penalty of ͅ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Delhi Jal Board officials and expenditure related to Project Consultancy and Technical Support. The assessee has furnished the chart which is reproduced as below:- S. No. Ground Penalty order CIT(A) Order (Penalty) ITAT Order (Quantum) Remarks 1. Disallowance of claim of deduction u/s 80IA Page 1, Paral Finding: Page 28, Para 4.1 Conclusion: Page 33, Para 4.3 Page 36, para 60 Conclusion page 29, para 50 Claim of deduction u/s 80IA accepted 2. Addition of unexplained cash transactions(Rs. 33,42,000/-) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ue has not rebutted the facts stated in the chart. Moreover, the ld. counsel for the assessee has taken us through the decision of the Tribunal in ITA No. 881/Del/2012. Under these facts, the penalty levied on these amount amounts would not be sustained. Therefore, we direct the AO to delete the penalty. 7. Now, we take up ITA No. 642/Del/2015. Facts are identical as in ITA No. 641/Del/2015. The assessee has also furnished the chart for AY 2006-07 which is as under:- S. No. Ground Penalty order CIT(A) Order (Penalty) ITAT Order (Quantum) Remarks 1. Disallowance of Project consultancy expenses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 643/Del/2015. Facts are identical as in the above two appeals. The assessee has also furnished the chart for AY 2007- 08 which is as under:- S. No. Ground Penalty order CIT(A) Order (Penalty) ITAT Order (Quantum) Remarks 1. Disallowance of Site expenses u/s 37(1) Page 1, Para 2 Finding : Page 22, Para 4.1 Conclusion: Page 22, Para 4.2 Page 55, para 92 Disallowance Deleted 2. Disallowance of Project consultancy and technical support expenses Page 1, Para 3 Finding: Page 22, Para ..... X X X X Extracts X X X X X X X X Extracts X X X X
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