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2021 (4) TMI 244 - AT - Income TaxPenalty u/s 271 - income of the assessee was assessed by the A.O vide his order passed under Sec. 144 - Unexplained interest expenses u/s 69C - quantum appeal against the order passed by the A.O under Sec. 144 was filed by the assessee in the course of hearing of the appeal by the CIT(A) against the penalty imposed by the A.O under Sec. 271(1)(c) - HELD THAT:- As the fate of the quantum appeal filed by the assessee against the assessment framed by the A.O under Sec. 144, dated 28.12.2016 will have a bearing on the penalty imposed under Sec. 271(1)(c) thus, in our considered view the disposing of the appeal against the penalty imposed by the A.O under Sec. 271(1)(c) would not only be premature, but in fact, the same may also lead to multiplicity of litigation. Accordingly, in all fairness, we are of a strong conviction that in the totality of the facts the order passed by the CIT(A) disposing off the appeal against the penalty imposed by the A.O under Sec. 271(1)(c) requires to be restored to the file of the first appellate authority, with a direction, that the same be taken up after disposing off the quantum appeal for the year in question. We, thus, herein restore the present appeal to the file of the CIT(A) for fresh adjudication after disposing off the quantum appeal which is stated to be pending before him. Appeal of the assessee is allowed for statistical purposes.
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