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2015 (2) TMI 322 - AT - Income TaxStay of penalty proceedings u/s 271(1)(c) – Held that:- As relying on GE India Industrial (P.) Ltd. Versus Commissioner of Income-tax (A) -IV, Baroda [2013 (12) TMI 191 - ITAT AHMEDABAD] the provisions of Section 275(1)(a) of the Act Assessing Officer cannot pass an order imposing penalty u/s 271(1)(c) of the Act till relevant assessment is subject matter of appeal before ld. CIT(A) (i.e. the first appellate authority). By the same analogy CIT(A) shall not undertake penalty proceedings till the disposal of appeal by the Tribunal – In view of the powers conferred u/s 254(1) and Following M.K. Mohammad Kunhi [1968 (9) TMI 5 - SUPREME Court] and to prevent multiplicity of proceedings and harassment to the assessee, we are inclined to direct Id. CIT(A) to keep the penalty proceedings in abeyance till the disposal of quantum appeal by the Tribunal - Decided in favour of assessee.
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