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Income Tax Appellate Tribunal, DELHI BENCH: B: NEW DELHI
Before: SHRI CHANDRA MOHAN GARG & SHRI PRADIP KUMAR KEDIA
Date of Hearing : 09.05.2023 Date of Pronouncement : 10.05.2023 ORDER PER CHANDRA MOHAN GARG, J.M.
This appeal filed by the assessee is directed against the order dated 04.08.2022 of the Ld. NFAC, New Delhi, relating to Assessment Year 2009-10.
The learned counsel of the assessee submitted a copy of the order of ITAT SMC Bench dated 25.05.2022 in for A.Y. 2009-10 pertaining to assessee’s appeal and submitted that the Tribunal has restored the matter for making necessary rectification to the file of AO. Therefore penalty levied u/s. 271(1)(c) of the Income Tax Act 1961, do not survive and thus the appeal of assessee may kindly be allowed deleting the penalty.