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Income Tax Appellate Tribunal, “A” BENCH, MUMBAI
Before: SHRI MAHAVIR SINGH, VP & SHRI S RIFAUR RAHMAN, AM
The only common issue in these appeals of assessee is against the order of CIT(A) confirming the levy of penalty under section 271(1)(c) of the Act amounting to ₹80,85,480/- in Assessment Year 2010-11, amounting to ₹1,55,39,749/-for Assessment Year 2011-12 and ₹77,23,030/- for Assessment Year 2014-15. For this, assessee has raised the identical grounds and hence, we will take the grounds as raised in Assessment Year 2010-11 in ITA No.1683/Mum/2020. The relevant ground read as under: - “1. The penalty proceedings is bad in law and on the facts of the case. The show cause notice is defective.
The Ld. CIT(A) has erred in law and on the facts of the case in confirming the action of Assessing Officer levying penalty of ₹80,85,480/- under section 271(1)(c) of the Income Tax Act. The actin is unjustified and unwarranted.
3, You petitioner crave leave to add, amend, alter and/ or withdraw any or all the aforesaid ground of appeal.”
During the course of argument and reading of the order of CIT(A) it is noticed that CIT(A) has decided the penalty and passed the order