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2014 (1) TMI 1295 - AT - Income TaxPenalty u/s 272A(2)(c) of the Act – Stay application – Held that:- The penalty u/s 272A has to be levied by an officer not lower than a Joint Director or Joint Commissioner of Income-tax - A consequential amendment ought to have been made by the legislature - This omission may be unintended - it is open to the department to bring the same to the notice of the concerned authority to make necessary amendment, if they are advised so - Even otherwise, an order imposing penalty u/s 272A(2)(c) falls under Chapter XXI - the penalty levied by the Joint Commissioner, who is lower in rank than CIT(A) is appealable before the CIT(A) u/s 246A(q) - an appeal has to be filed before the CIT(A) instead of directly filing the appeal before this Tribunal - In view of the above, the permission sought by the Branch Manager to withdraw the appeal is granted - the appeal and the stay application is dismissed as withdrawn.
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