TMI Blog2019 (6) TMI 82X X X X Extracts X X X X X X X X Extracts X X X X ..... (A) in the impugned order. However, the revenue has challenged the order of the CIT (A) cancelling the penalty levied under section 271(1)(c) only on the ground that the order of this Tribunal in quantum appeal has not been accepted by the revenue. The revenue has not produced any record or even claimed that the said order of the Tribunal in quantum appeal has been reversed by the Hon ble High ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Whether in the facts and in the circumstances of the case and in law, the ld. CIT (A) was justified in deleting the penalty u/s 271(1)(c) of the I.T. Act amounting to ₹ 26,00,670/- when the deletion of quantum addition by the Hon ble ITAT in ITA No. 284/JP/2017 had not been accepted on merits. 2. We have heard the ld. D/R as well as the ld. A/R and considered th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7. ..Accordingly, in the facts and circumstances of the case, we are of the considered view that the ALV of the property in question would be Nil as it was not possible to let out the property during the year under consideration and further the unauthorized construction of the property is otherwise not eligible for determination of standard rent or rateable value and consequently there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d if the assessment itself is set aside. Where an order of assessment or reassessment on the basis of which penalty has been levied on the assessee has itself been finally set aside or cancelled by the Tribunal or otherwise, the penalty cannot stand by itself and the same is liable to be cancelled as in the instant case ordered by the Tribunal and later cancellation of penalty by the authorities. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 271(1)(c) only on the ground that the order of this Tribunal in quantum appeal has not been accepted by the revenue. The revenue has not produced any record or even claimed that the said order of the Tribunal dated 27.04.2018 in quantum appeal has been reversed by the Hon ble High Court. Accordingly, in the facts and circumstances of the case, when the addition itself is not in exi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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