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2018 (9) TMI 874 - ITAT DELHIPenalty u/s 221(1) - default in payment of arrears of tax - Held that:- Penalty u/s 221(1) levied in respect of tax liabilities determined in orders U/s 201(1A) for the aforesaid year. As the aforesaid orders u/s 201 r.w.s. 201(1A) of IT Act for Financial Year 2007-08 (Assessment Year 2008-09) and Financial Year 2008-09 (Assessment Year 2009-10) have been set aside by Delhi Bench of ITAT and restored to the file of the AO, the penalty levied U/s 221(1) Employees provident Fund Organization Regional Office Delhi have no legs to stand at present. We set aside the aforesaid orders of the Ld. CIT(A) for A.Y. 2008-09 (F.Y. 2007-08) & A.Y. 2009-10 (F.Y. 2008-09); and restore the corresponding matter regarding penalty u/s 221(1) of the IT Act to the file of the Assessing Officer for fresh orders. The Assessing Officer shall pass fresh orders U/s 221(1) of I.T. Act after the consequential orders U/s 201 r.w.s. 201(1A) of I.T. Act pursuant to aforesaid order dtd. 03.08.2016 of ITAT are passed. The Assessing Officer will give reasonable opportunity to the assessee before passing fresh orders U/s 221(1) of IT Act - Appeals of the assessee are partly allowed for statistical purpose.
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