2017 (3) TMI 1947

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..... urn of income - in the proceedings before the AO u/s 271(1)(c) assessee pointed out that there was a mistake at the time of filing the return of income and there was no intention whatsoever to conceal any particulars of income - HELD THAT:- It is not in dispute that the amount in question was received by the assessee by way of cheque and that the payee had duly deducted tax at source on the paymen .....

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..... the appeal of the assessee.
Hon'ble Sri N.V.Vasudevan, JM & Dr.Arjun Lal Saini, AM] For the Appellant : None For the Respondent : None ORDER Per N.V.Vasudevan, JM This is an appeal by the Assessee against the order dated 06.05.2014 of C.I.T.(A)-XXXIII, Kolkata relating to A.Y.2009-10. 2. In this appeal the assessee has challenged the order of CIT(A) whereby the CIT(A) confirmed the .....

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..... in the assessment proceedings as aforesaid, the AO initiated penalty proceedings u/s 271(1)(c) of the Act. In the proceedings before the AO u/s 271(1)(c) of the Act, the assessee pointed out that there was a mistake at the time of filing the return of income and there was no intention whatsoever to conceal any particulars of income. The assessee also pointed out that M/s. Crisil Ltd had deducted t .....

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..... order of CIT(A) the assessee has preferred the present appeal before the Tribunal. 7. None appeared on behalf of the assessee. The notice sent to the assessee at the address given in Form No.36 has been returned with the postal endorsement "left " . The ld. DR sought adjournment but the prayer for adjournment was rejected. 8. We have considered the orders of AO and CIT(A) and also the facts and .....

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..... accurate particulars thereof. We therefore accept the plea of the assesse and hold that in the facts and circumstances of the case imposition of penalty u/s 271(1)(c) of the Act was not called for. We therefore cancel the order imposing penalty and allow the appeal of the assessee. 9. In the result the appeal by the assessee is allowed. Order pronounced in the Court on 08.03.2017.
Case laws, .....

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