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TMI Blog2019 (8) TMI 353X X X X Extracts X X X X X X X X Extracts X X X X ..... ty order passed by the AO u/s 271(1)(c) and the same is unsustainable. DR fairly conceded that in the instant case, the additions representing the penalty were deleted by the CIT(A) and the department did not prefer appeal against the CIT(A) order, hence there is no enforceable demand in respect of the penalties. As submitted by the DR since the additions representing penalty were deleted, the penalty also gets squared off and accordingly gets cancelled and there would be no grievance to the assessee. Accordingly, we set aside the order of the CIT(A) and delete the penalty levied by the AO. - Appeal of the assessee is allowed. - I.T.A.No.517/VIZ/2017 - - - Dated:- 2-8-2019 - Shri V. Durga Rao, Judicial Member And Shri D.S. Sun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de in the assessment order dated 30.11.2007 and 03.11.2010 and levied the penalty of ₹ 3,92,159/- on concealed income of ₹ 28,39,100/-. 3. Aggrieved by the order of the AO for imposing the penalty u/s 271(1)(c), the assessee went on appeal before the Ld.CIT(A). During the appeal proceedings the Ld.CIT(A) found that the ITAT has allowed relief in respect of additions made in the original assessment order passed u/s 143(3) r.w.s. 153A of the Act dated 30.11.2007 relating to the additions of ₹ 10.67 lakhs pertaining to share application money and the sum of ₹ 8,00,540/- relating to flat advances. Thus the additions remained as on the date of passing the first appellate order was ₹ 9.72 lakhs repre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re two assessment orders passed u/s143(3) r.w.s.153A dated 30.11.2007 and second assessment order was passed u/s 143(3) r.w.s. 147 on 03.11.2010. Though the AO had initiated the penalties separately, the AO passed common order for both the assessment orders which is not in accordance with law, hence, requested to quash the penalty order passed u/s 271(1)(c) of the Act. 6. We have heard both the parties and perused the material placed on record. In the instant case, the AO passed the common penalty order imposing penalty u/s 271(1)(c) in respect of the additions made vide order 143(3) r.w.s. u/s 153A and the order passed u/s 143(3) r.w.s. 147 of the Act on two different dates. Both the orders are independent of each other. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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