TMI Blog2015 (5) TMI 400X X X X Extracts X X X X X X X X Extracts X X X X ..... any penalty, at this stage, on the enhancements so made. There can be no penalty on the amount of enhancement deleted by the tribunal. On the enhancements restored to the AO, the question of penalty can be examined only by the AO pursuant to the making of fresh assessment. The impugned order is set aside and the instant penalty on such restored issues is sent back to the AO for taking an appropri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns and perused the relevant material on record. Briefly stated, the facts of the case are that the assessment in this case was completed u/s 143(3) of the Act. The ld. CIT(A) made four enhancements viz., a sum of ₹ 3044.06 lac on account of applicability of section 40A(2); a sum of ₹ 16.86 lac on account of depreciation; a sum of ₹ 51.47 lac again on account of depreciation on fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ments are concerned, the Tribunal restored the matter to the file of AO for fresh adjudication. 3. The nutshell of the matter is that the Tribunal has deleted first enhancement made by the ld. CIT(A) and restored the issues in respect of remaining three enhancements to the AO for a fresh consideration. In such circumstances, there can be no question of sustaining any penalty, at this stage, on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2014) 366 ITR 18 (Del) has also held that where the quantum has been remanded to the AO, the question of penalty on account of the said amount being treated as undisclosed income, should also be remanded to the AO. We, therefore, set aside the impugned order and remit the matter to the file of the AO for determining the question of penalty or otherwise, after the passing of the order pursuant to t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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