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Since the assessee had already filed its original return u/s 139(1) before the search date, therefore, A.Y. 2010-11 is not a specified year as per the definition of section 271AAA of the Act. Therefore, the Ld. DR submitted that penalty u/s 271AAA of the Act is not applicable in A.Y. 2010-11 and levying penalty u/s 271(1)(c) of the Act would be rightly applicable in this case. Therefore, initiation of levying penalty u/s 271(1)(c) instead of 271AAA of the Act for A.Y. 2010-11 is a correct action taken by the Revenue. Therefore, the Ld. DR prayed that the order dated 16.04.2019 be set aside and the appeal be restored for fresh hearing on merit.

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Section 254(2), 271(1)(c) & 271AAA of the Income Tax Act, 1961– Appeal – Appeal to appellate Tribunal– High Court had admitted the appeal filed by the Department on the same issue contested in the application, therefore,  the application did not adduce and besides this, the Department was seeking review of the order which was beyond the scope of section 254, there was no mistake apparent from the record– Assistant Commissioner of income tax vs. Saviour Builders P. Ltd. [2020] 77 ITR (trib) 305(Delhi)

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