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TMI Blog2019 (4) TMI 1669X X X X Extracts X X X X X X X X Extracts X X X X ..... d rental income were subjected to TDS. It is true that the assessee did not file his return of income and only pursuance to notice issued u/s 148 the assessee filed his return of income. It is equally true that the assessment has been framed on the returned income itself though the notice u/s 148 was issued on the information that the assessee has made agreement for purchase of immovable property ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the assessee is preferred against the order of the Commissioner of Income Tax [Appeals] 1, Gurgaon dated 28.09.2018 pertaining to A.Y 2010-11. 2. The solitary grievance of the assessee is that the CIT(A) erred in confirming the levy of penalty u/s 271(1)(c) of the Income-tax Act, 1961 [hereinafter referred to as 'the Act']. 3. Roots for levy of penalty lie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 77; 3,01,328/-. The Assessing Officer levied penalty u/s 271(1)(c) of the Act on the difference of amount of TDS and tax paid by the assessee amounting to ₹ 76,674/-. 5. The assessee carried the matter before the CIT(A) but without any success. 6. Before me, the ld. AR vehemently stated that returned income and assessed income are same and, therefore, it cannot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h Shweta Estate Pvt Ltd. I find that no addition has been made in this respect as the Assessing Officer himself is satisfied with the reply of the assessee. In my considered opinion, when the assessed income and the returned income are same, I do not find any reason to hold that the assessee has concealed its particulars of income, since both the incomes were subjected to TDS. I do not find this t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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