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TMI Blog2019 (5) TMI 2011X X X X Extracts X X X X X X X X Extracts X X X X ..... Order PER DR. B.R.R. KUMAR, A.M: The present appeal has been filed by the Assessee against the order of the Ld. CiT(A)-3, Gurgaon dt. 03/11/2017. 2. In the present appeal Assessee has raised the following grounds: 1. That the Ld. Commissioner of Income Tax (Appeals) has erred in not entertaining the appeal of the assessee on account of delay in filing the appeal. 2. That the Ld. CIT(A) h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .2015, the Assessing Officer levied penalty amounting to Rs. 17,50,000/- (10% of the surrendered income of Rs. 1.75 crores). 3.2 Simultaneously, the Assessing Officer levied penalty under section 271(1)(c) of the Act vide his order dated 27.03.2015. 3.3 Against the said two orders, the assessee, filed a consolidated appeal before the CIT(A) i.e. a single appeal was filed against two penalty orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dha Vs. ACIT (Mad) 317 IR 458, the Ld. CIT(A) held that condonation is not the matter of right and Court has to exercise the discretionary jurisdiction. 5. We have gone through the facts of the record. It's a matter of public knowledge and belief that there is only assessment for one year and one penalty order for one assessment year is generally the norms. Penalty under section 271AAA has been b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, the same time revenue is not prejudiced if the case is considered on merits instead of dismissing on hyper-technicalities. Reliance is placed on the judgement of Hon'ble Punjab & Haryana High Court in the case of Manoj Ahuja (Minor) & Anr Vs. IAC in 150 ITR 0696, and SMC Capitals Ltd. New Delhi, in ITA No.1342/Del/2010. Hence, we here by direct that the delay may be condoned and appeal be heard ..... X X X X Extracts X X X X X X X X Extracts X X X X
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