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2023 (5) TMI 364 - CALCUTTA HIGH COURTPenalty u/s 271AAB(1)(c) - reasonable cause for the said failure - ITAT held that penalty u/s. 271AAB of the Income Tax Act, 1961 is not mandatory and is discretionary - HELD THAT:- Tribunal had followed the decision of the coordinate Bench of the Tribunal in the case of DCIT vs. A.K. Logistics Pvt. Ltd [2019 (3) TMI 209 - ITAT KOLKATA] We are required to examine the matter on merits and render finding as to whether the Tribunal was right in dismissing the revenue’s appeal. On going through the order passed by the learned Tribunal, we find no finding has been recorded by the learned Tribunal as to how the decision in AKA Logistics Pvt. Ltd. (supra) would apply to the case on hand and there is no discussion on the factual aspect. That apart, the learned Tribunal has also not given any finding as to how the decision relied on by the revenue in the case of Sandeep Chandak vs. PCIT, Kanpur,[2018 (6) TMI 106 - SC ORDER] is not applicable to the case on hand or it is factually distinguishable. Though such may be the factual position, in the absence of any independent reasoning by the learned Tribunal with regard to the merits of the matter of the respondent/assessee, it will not be possible for us to test the correctness of the order passed by the learned Tribunal, more particularly, when we are to ascertain as to whether any substantial question of law arises for consideration. Thus, for such reason alone we are inclined to interfere with the order passed by the learned Tribunal and remand the matter to the Tribunal for a fresh decision on merits. Substantial questions of law are left open.
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