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2015 (9) TMI 221 - AT - Income TaxPenalty u/s 271(1)(c) - assessee has claimed expenses during the Assessment Year 2005- 06 on account of fee paid to ROC, depreciation, Umaid Bhawan Palace Project cost written off and other expenses in Assessment Year 2005-06, and claim of depreciation and other expenses in Assessment Year 2006-07, which have been disallowed by the A.O. being not sustainable - Held that:- Keeping in view the facts and circumstances explained it is of the considered view that against the quantum addition sustained up to the stage of ITAT, the assessee has filed appeal before Hon’ble Delhi High Court we are not adjudicating the merits of the case as it will prejudice to the interest of revenue authorities. In the interest of justice, we set aside the impugned order passed by first appellate authority and restore the matter to the A.O. who will decide the same after decision of Hon'ble High Court in the quantum appeal after giving adequate opportunity of being heard to the assessee. - Decided in favour of assessee for statistical purposes.
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