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Income Tax Appellate Tribunal, DELHI ‘C’ BENCH,
Before: SHRI N.K. BILLAIYA, & MS. SUCHITRA KAMBLE
PER N.K. BILLAIYA, ACCOUNTANT MEMBER,
This appeal by the Revenue is preferred against the order of the Commissioner of Income Tax [Appeals] - 36 New Delhi dated 29.03.2016 pertaining to assessment year 2008-09.
The solitary of the grievance of the Revenue is that the ld. CIT(A) erred in deleting the penalty levied u/s 271(1)(c) of the Income-tax Act, 1961 [hereinafter referred to as 'The Act'].
At the very outset, the ld. counsel for the assessee stated that on identical set of facts, the Tribunal in to 3287/DEL/2016 has dismissed the appeals of the Revenue.
The ld. DR could not bring any distinguishing decision in favour of the Revenue.
We have carefully perused the order of the co-ordinate bench [supra]. We find force in the contention of the ld. counsel for the assessee. The facts on which penalty has been levied by the Assessing Officer are identical to the facts considered by the co-ordinate bench.
The relevant findings of the co-ordinate bench read as under:
“13. In the present case also the claim of the assessee for exemption u/s 11 has not been allowed by the AO on the basis of the judgment of the Hon'ble High Court. Therefore, not allowing the claim of the assessee u/s 11 of the Act itself cannot tantamount to furnishing of inaccurate particulars of income. We, therefore, in view of the ratio laid down by the Hon'ble Apex Court in the aforesaid referred to case are of the confirmed view that the impugned order passed by the ld. CIT(A) do not require any interference. In that view of the matter, we do not see any merit in this appeal of the department.
In all other appeals i.e. the facts are identical as where involved in ITA no. 3281.Del.2016 for the assessment year 1992-93 which have already adjudicated in the former part of this order, therefore, our findings given therein shall apply Mutatis Mutandis.
In the result appeals filed by the department are dismissed.”
On finding parity of facts, respectfully following the findings of the co-ordinate bench, we dismiss the ground of Revenue.
In the result, the appeal of the Revenue in is dismissed
The order is pronounced in the open court on 11.12.2019.