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TMI Blog2020 (11) TMI 4X X X X Extracts X X X X X X X X Extracts X X X X ..... atural justice set aside the order of the CIT(A) confirming the penalty and direct the A.O to delete the penalty and allow the grounds of appeal of the assessee. - ITA No. 5932 And 5933/Mum/2018 - - - Dated:- 29-9-2020 - Shri Shamim Yahya, Accountant Member And Shri Pavan Kumar Gadale, Judicial Member For the Appellant : Smt Neha Paranj P, AR For the Respondent : Shri Aktar H. Ansari, SR. DR ORDER PER PAVAN KUMAR GADALE - JM: These are the appeals filed by the assessee against the common order of the Ld.CIT(A)-42, Mumbai, passed u/s 271(1)(c) and 250 of the Income Tax Act, 1961.The issues in these appeals are identical and similar, hence are clubbed, heard and consolidated order is passed. For the sake of conve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... involved therein is covered by various High Courts, Tribunals and A.O by holding that entire alleged purchases cannot be disallowed and addition on account thereon be restricted to certain percentage of gross profit (GP) on such purchases. 8. It is therefore prayed that the Hon ble members may be pleased to cancel the impugned penalty order for the A.Y 2010-11 or in alternative the Hon ble Members may be pleased to pass any such other order or orders in favour of the appellant in the interest of justice. 2. The assessee has filed the return of income for the A.Y 2010-11 on 13.12.2010 with total income of ₹ 5,41,830/-.Subsequently, the A.O based on the information received from DGIT(Inv)Mumbai found that the assessee has obtai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and no independent enquiry was conducted by the A.O. Therefore, the levy of penalty u/s 271(1)(c)is bad in law. But the CIT(A) has confirmed the penalty and dismissed the appeal of the assessee. Aggrieved by the order, the assessee has filed an appeal with the Tribunal. 3.At the time of hearing, the Ld. AR submitted that the CIT(A) has erred in dismissing the assessee s appeal and has not considered the fact, that the assessee has not received the notices sent in the penalty proceedings and whereas the new address was updated with the A.O. The CIT(A) has accepted the action of the A.O in reopening of the assessment without verifying the alleged information. The purchase bills were treated as bogus but the A.O has not doubted the sales. F ..... X X X X Extracts X X X X X X X X Extracts X X X X
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