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2025 (2) TMI 872 - HC - Income TaxPenalty u/s 270A - HELD THAT - This is not a case where the Assessing Officer after being conscious of the institution of the Appeal has nevertheless deemed it appropriate to exercise the powers u/s 275(1)(a). AO has only observed that since the ITBA data did not reflect the institution of the quantum Appeal the Assessing Officer felt that he had no alternative but to impose a penalty. Thus this is not a case where the penalty was imposed after independent application of mind. The main grounds for imposing the penalty were because the AO felt that he had no alternative but to impose the penalty in the absence of the ITBA portal reflecting the institution of the quantum Appeal by the Petitioner. Petitioner had pointed out that the quantum Appeal was indeed instituted. The Petitioner also produced the acknowledgment receipt evidencing the institution of the quantum Appeal. Because of a technical glitch if this institution was not being reflected on the ITBA portal no penalty should have been imposed by holding that the AO had no alternative but to impose a penalty. We quash and set aside the impugned penalty order. However we clarify that the quashing of this order will not preclude the Respondents from initiating fresh proceedings for the imposition of penalty should they so desire upon the disposal of the Petitioner s quantum Appeal before the Commissioner (Appeals). Based upon this statement the Petitioner s Appeal against the penalty order before the Commissioner (A) is disposed of as withdrawn. Mr Jain states that this order will be placed before the Commissioner (Appeals) within 15 days from today so that the Appeals can be shown as disposed of for statistical purposes.
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