TMI Blog2018 (2) TMI 1919X X X X Extracts X X X X X X X X Extracts X X X X ..... e same issue. Considering the facts in totality in the light of aforementioned order of the AO, we decline to interfere with the findings of the CIT(A). - ITA No.213/Ahd/2016, C.O. No.39/Ahd/2016Assessment Year: 2006-07 - - - Dated:- 23-2-2018 - Shri Rajpal Yadav, Judicial Member And Shri N.K. Billaiya, Accountant Member Revenue by: Albinus Tirkey, Sr. D.R. A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e under section 148 of the Act was issued and the assessee in response to the said notice filed return of income declaring total income of ₹ 62,15,820/-. The returned income was accepted as such and the assessment was completed. 4. Subsequently penal proceedings were initiated under section 271(1)(c) of the Act and the assessee was show caused to explain why penalty should not be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A) found that vide order dated 28.03.2013 the Assessing Officer had dropped the penal proceedings. The CIT(A) was convinced that penalty cannot be levied and the order passed by the Assessing Officer is not as per the provisions of the Act. 6. Before us, the learned Departmental Representative strongly supported the findings of the Assessing Officer. Per contra, learned counsel for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntioned order of the Assessing Officer, we decline to interfere with the findings of the CIT(A). 9. Appeal filed by the Revenue is accordingly dismissed. 10. Cross Objection of the assessee is in support of the order of the CIT(A) and, therefore, needs no separate adjudication. (Order pronounced in the open Court on this 23rd day of February, 2018) - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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