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2017 (8) TMI 129 - HC - Income TaxPenalty under Section 271(1)(c) - Held that:- In the event the revenue files an appeal the rights of the assessee would not be foreclosed and the assessee will have right to urge all contentions. It is not disputed that the revenue did not file appeal against the order of the Tribunal setting aside the order of penalty. The order of the Tribunal allowing the appeal and deleting penalty under Section 271(1)(c) has become final. The assessing officer did not have any jurisdiction to again commence the penalty proceedings on the basis of same additional income for which penalty proceedings were already set aside. The Commissioner appeals has also discussed the said aspect so also the Tribunal. Though the Commissioner Appeals also considered the merits of the matter in our opinion it was not necessary to do so. Their observation and finding that the Assessing Officer could not have revisited the order of the penalty and should not have commenced the penalty proceedings a fresh, is in consonance with the proprietary and judicial discipline.
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