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2016 (11) TMI 1434 - ITAT RAJKOTLevy of penalty u/s. 271AAA - Held that:- In this case the penalty was confirmed by the Ld CIT because of non fulfillment of the third condition of payment of taxes along with due interest .As discussed above the assessee claimed that he has paid full outstanding demand. In the submission made before us the assessee has furnished the details of payment of remaining outstanding demand as stated above in this order. In view of the above stated facts and legal findings we restore this matter to the file of the assessing officer to verify the claim of the assessee regarding the fulfillment of the third condition of sec.277AAA as mentioned above in this order and decide the matter afresh after keeping in view the direction of the Hon'ble apex court Court in the case of ACIT vs.Gebilal Kanhailal HUF (2012 (9) TMI 297 - SUPREME COURT).
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