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2022 (5) TMI 327 - ITAT MUMBAIPenalty u/s 271(1)(c) - CIT(A) cancelled the penalty levied by the Assessing Officer in the second revised penalty order on the basis of technical issue of not obtaining prior approval from JCIT - HELD THAT:- CIT(A) has cancelled the second revised order on procedural aspect of not obtaining prior approval from JCIT. In our considered view, it is rectifiable mistake therefore we remit the second revised penalty order back to the file of the AO to obtain proper approval and pass the order. Accordingly, the Ground Nos. 2 and 3 raised by the revenue are allowed for statistical purpose. Whether CIT(A) has erred in directing the Assessing Officer to recompute the quantum of penalty only to the extent of the addition confirmed by the ITAT without appreciating the fact that the revenue is not accepted the order of the ITAT and same is challenged before Hon'ble High Court which is still pending? - In our considered view once the quantum appeal is decided by the ITAT the same is applicable on both Ld.CIT(A) as well as Assessing Officer, therefore the order passed by the Ld.CIT(A) is binding on the Assessing Officer. Therefore, the ground raised by the revenue is accordingly dismissed.
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