2019 (4) TMI 611

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..... proceedings. Per contra, the penalty proceedings would necessarily have to be restored back. The same are, accordingly, set aside to the file of the ld. CIT(A), to decide the same in light of and by taking into consideration the explanations furnished; the material/s brought on record, as well as the finding/s issued by the first appellate authority in the quantum proceedings, of course after pro .....

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..... he assessee, Sh. Gupta, adducing a copy of the order by the Tribunal (Chandigarh Bench) in the assessee s case in quantum proceedings for the relevant year (in ITA No. 659/Chd/2017, dated 13.7.2017/copy on record), that the assessment having been set aside by the Tribunal to the file of the first appellate authority, the penalty proceedings would also likewise be required to be set aside. The ld. .....

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..... qua penalty on both the additions under appeal in the quantum proceedings. Per contra, the penalty proceedings would necessarily have to be restored back. The same are, accordingly, set aside to the file of the ld. CIT(A), to decide the same in light of and by taking into consideration the explanations furnished; the material/s brought on record, as well as the finding/s issued by the first appel .....

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