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2014 (6) TMI 740 - AT - Income TaxCancellation of penalty u/s 271(1)(c) of the Act – Disallowance of commission payment – Quantum appeal restored - Held that:- In the quantum appeal of the assessee, the Tribunal has restored the issue of disallowance of commission expenditure to the file of the AO for the AY 2005-2006 - The AO in the assessment framed u/s 143(3) r.w.s 254 of the Act, after the assessment was set aside to his file, has accepted the claim of the assessee regarding the allowability of the commission expenditure - since the very basis of imposition of penalty u/s 271(1)(c) of the Act has not been added, thus, the disallowance of commission expenditure has not been added while framing the set aside assessment by the AO – thus, there remains no basis for imposition of penalty u/s 271(1)(c) of the Act – thus, the penalty is not leviable – Decided against Revenue.
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