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2022 (4) TMI 1380 - AT - Income TaxPenalty u/s 271(1) (c) - TP Addition - HELD THAT:- We note that the Hon'ble Ahmedabad ITAT in quantum appeal in relation to Transfer Pricing additions for captioned year i.e. AY 2005- 06 in assessee's own case [2022 (2) TMI 1220 - ITAT AHMEDABAD] has restored the matter back to the file Ld. Assessing Officer for fresh adjudication. Accordingly, in our view, respectfully following the above decision, it would be fit to restore the penalty issue to file of Ld. Assessing Officer. Penalty in respect of excess claim for depreciation - HELD THAT:- We note that on same issue and similar facts, Hon'ble ITAT Ahmedabad in appellant's case for A.Y. 03-04 [2015 (9) TMI 59 - ITAT AHMEDABAD] & in .[2012 (1) TMI 414 - ITAT AHMEDABAD] deleted the penalty imposed on the issue of excess claim of depreciation. Penalty in respect of claim u/s 80-IA - HELD THAT:- penalty in respect of claim u/s 80-IA - HELD THAT:- We note that Hon'ble ITAT in assessee's own case for AY 2003-04 [2015 (9) TMI 59 - ITAT AHMEDABAD] and for AY 2004-05 [2012 (1) TMI 414 - ITAT AHMEDABAD] has deleted the penalty in respect of claim u/s 80-IA Revenue appeal dismissed.
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