TMI Blog2014 (1) TMI 1715X X X X Extracts X X X X X X X X Extracts X X X X ..... t in the impugned order the ld. CIT(A) didn't cancelled the penalty but directed the Assessing Officer to first give appeal effect to the order dated 13.07.2011 of ld. CIT(A) and thereafter if any addition/disallowance sought to be sustained then only the Assessing Officer should levy a penalty by passing a fresh order on that particular amount of addition/disallowance so sustained, if considered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ear 2004-05 and ₹ 9,98,219/- for the Assessment Year 2005-06. On appeal, in the impugned order, ld. CIT(A) cancelled the penalty levied u/s 271(1)(c) for both the assessment years. The reasoning given by the ld. CIT(A) is identical in both the cases i.e. firstly the Assessing Officer should give appeal effect to the order dated 13.07.2011 of ld. CIT(A) and thereafter if any addition/disallow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e said order. The fact remains that my predecessor CIT(A) has allowed the appeal filed by the appellant against order passed u/s 143(3) r.w.s. 254 of the Act dated 1.12.2010, vide order in Appeal No.CIT(A)-I/0119,0120 0121/10-11 dated 13.07.2011. The fact also remains that when appellant is in appeal before the CIT(A) against order u/s 143(3) r.w.s. 254 passed on 01.12.2010, in view of the provis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lant s case, the penalty so levied by the A.O. is hereby directed to be cancelled. The A.O. is directed to first give effect to the order of the CIT(A) vide his order dated 13.07.2011 and thereafter if any addition/disallowance sought to be sustained then only the A.O. should levy a penalty by passing a fresh order on that particular amount of addition/disallowance so sustained, if considered nece ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent to note that in the impugned order the ld. CIT(A) cancelled the penalty but directed the Assessing Officer to first give appeal effect to the order dated 13.07.2011 of ld. CIT(A) and thereafter if any addition/disallowance sought to be sustained then only the Assessing Officer should levy a penalty by passing a fresh order on that particular amount of addition/disallowance so sustained, if con ..... X X X X Extracts X X X X X X X X Extracts X X X X
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