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2022 (1) TMI 121 - ITAT HYDERABADPenalty u/s.271(1)(c) - disallowance of 54F - HELD THAT:- Assessee challenged the addition in quantum proceedings before the Tribunal. The Tribunal [2021 (8) TMI 1266 - ITAT HYDERABAD]set aside the issue to the file of CIT(A) for decision afresh after verification of relevant records. When the addition has been restored to the file of CIT(A), in our considered opinion, the penalty on this aspect should also be restored to the file of CIT(A) for taking a fresh decision in accordance with the view finally taken by him in respect of addition in quantum proceedings. Our view in restoring the matter to the file of the CIT(A) is fortified by the judgment of the Hon'ble Supreme Court in the case of Mohammed Mohatram Farooqui [2010 (2) TMI 1122 - SUPREME COURT]. We, therefore, overturn the impugned order on this issue and restore the matter to the file of CIT(A). for taking a fresh decision after deciding the matter in quantum proceedings. Accordingly, the grounds raised by the revenue on this issue are allowed for statistical purposes.
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