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TMI Blog2018 (4) TMI 1562X X X X Extracts X X X X X X X X Extracts X X X X ..... s 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 Rs. 3,11,87,961/- on the alleged ground of concealment/furnishing of inaccurate particulars of income. ii. That various additions and disallowances being subject matter of dispute are based on change of opinion and are also not in conformity with provisions of section 153A of the Income Tax Act, 1961. iii. That the penalty has been imposed without recording proper satisfaction and application ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... page 29, para 50 Claim of deduction u/s 80IA accepted 2. Addition of unexplained cash transactions(Rs. 33,42,000/-) Page 1, Para2 Finding: Page 35, Para 4.9 Conclusion: Page 35, Para 4.9 Page 36, para 61 Conclusion page 38, para 64 Issue restored back to the file of AO 3. Addition of unexplained cash transactions(Rs. 11,71,000/-) Page 1, Para3 Finding: Page 35, Para 4.9 Conclusion: Page 35, Para 4.9 Page 36, para 61 Conclusion page 38, para 64 Issue restored back to the file of AO 4. Disallowance of Site expenses u/ s 37(1) Page 1, Para4 Finding: Page 35, Para 4.9 Conclusion: Page 35, Para 4.9 Page 36, para 60 Conclusion page 22, para 39 Disallowance Deleted 5. Disallowance of Project consultancy and technical su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng : Page 26, Para 4.5 Conclusion : Page 28, Para 4.6 Page 51, para 87 Conclusion page 51, para 88 Disallowance Deleted 4. Adhoc disallowance of site labour expenses Page 1, Para 5 Finding: Page 28, Para 4.7 Conclusion: Page 29, Para 4.8 Page 49, para 83 Conclusion page 50, para 86 Disallowance Deleted 8. Since the additions have been deleted or restored to the file of the AO. The Revenue 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. 882/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. 9. Now, we take up ITA No. 643/ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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