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TMI Blog2019 (1) TMI 1354X X X X Extracts X X X X X X X X Extracts X X X X ..... (in ITA No.788/Bang/2013) - - - Dated:- 23-1-2019 - Shri Jason P Boaz, Accountant Member And Shri Laliet Kumar, Judicial Member For the Assessee : Shri. V. Srinivasan, Advocate For the Revenue : Shri. P. Siddappaji, Addl. CIT ORDER PER JASON P BOAZ, ACCOUNTANT MEMBER These Miscellaneous Petitions (M.P.) by the Revenue are raised in respect of Tribunal s orders in ITA Nos. 1316/Bang/2016 dated 20.07.2018 for Assessment Year 2007-08. Since they pertain to the same order of the Tribunal, both the MPs will be disposed off together hereunder: Revenue s MP Nos. 363 and 364/Bang/2018 for Assessment Year 2007-08 (in ITA No.1316/Bang/2013 dated 23.03.2017) 2.1 In these MPs, Revenue, inter alia, submits that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted 23.03.2017 in the case on hand, on quantum issue, had not deleted all the disallowances / additions, but had also remitted some issues for fresh adjudication; the details of which are as under: Sl. No. Issues Amount Finding of ITAT 1. Money received from Mrs. Vishal Jain Rs.10,00,000/- Deleted 2. Amount received from fictitious persons Rs.56,34,250/- Deleted 3. Advance received development agreement Rs.2,76,09,459/- Remitted to the file of AO for fresh adjudic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order in ITA No.1316/Bang/2013 dated 20.07.2018, after rectification of para 3, is ascended to now read as under: 3. Having carefully examined the order of the Tribunal and the orders of the lower authorities, we find that the additions / disallowances for which penalty under section 271(1)(C) was levied; have either been deleted or set aside to the file of the Assessing Officer ( AO ) for fresh adjudication vide Tribunal s order in ITA No.788/Bang/2013 dated 23.03.2017. In this view of the matter, the penalty levied under section 271(1)(C) of the Act for Assessment Year 2007-08 is not sustainable in the eyes of law. We, accordingly, set aside the order of the CIT(A) and delete the said penalty. 4. In the result, both Revenue s MP ..... X X X X Extracts X X X X X X X X Extracts X X X X
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