9911796707
TMI Blog2014 (3) TMI 186X X X X Extracts X X X X X X X X Extracts X X X X ..... le Mr. Justice Akil Kureshi) Heard both the sides for final disposal of the appeal. Revenue has challenged judgment of the Income Tax Appellate Tribunal, Rajkot {"Tribunal" for short} raising following question for our consideration : "Whether the ITAT is justified in law and in fact in cancelling the penalty levied u/s. 271(1)(c) of the Act inspite of the fact that the quantum appeal is kept ali ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rticular amount of addition/disallowance so sustained. In the impugned order of the learned CIT [A] as admitted by the Karta [HUF], at the time of hearing before us, the learned DR could not point out that in quantum proceedings, after giving appeal effect to the order of the appellate authority, the income of the assessee in the assessment order is taxable. Keeping in view the totally of the fact ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ert these facts. In that view of the matter, the very basis of the Tribunal's order on penalty disappears. In other words, when the Tribunal linked the issue of penalty with the order of CIT [A] dated 13th July 2011 and when we find that such order itself was later on setaside; of course with consequential directions, the Tribunal's order dated 4th May 2012 requires reconsideration. The same is th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
