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TMI Blog2024 (7) TMI 1281X X X X Extracts X X X X X X X X Extracts X X X X ..... tment- the Revenue is feeling aggrieved by order dated 27.04.2024 passed by Learned CIT(A), NFAC, Delhi, u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as the "Act"). 2. Vide impugned order, Learned CIT(A) has set aside the order of penalty passed by the Assessing Officer u/s 271(1)(c) of the Act, while observing that the Appellate Tribunal upheld the claim of the assessee responden ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... notice to the assessee on 22.02.2019. The assessee did not respond the said show cause notice. Ultimately, penalty came to be levied, as noticed above. 7. Feeling aggrieved by the order of penalty, the assessee preferred appeal before Learned CIT(A), NFAC. As noticed above, said appeal was allowed. 8. Ld. DR for the appellant has submitted that vide order dated 12.04.2019 passed by this Appellat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tay of proceedings in this appeal. Therefore, there is no merit in the contention raised on behalf of the assessee-appellant that this appeal may be kept in abeyance. Even otherwise, on dismissal of an appeal by the Hon'ble High Court, the authorities below are bound to give effect to the decision by the Hon'ble High Court as per directions contained therein. 10. On the other hand, Ld. AR for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... osing or enhancing or reducing or cancelling penalty or dropping the proceedings for the imposition of penalty is passed before the order of the Commissioner (Appeals) or the Appellate Tribunal or the High Court or the Supreme Court is received by the Chief Commissioner or the Commissioner or the order of revision under section 263 or section 264 is passed, an order imposing or enhancing or reduci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filed by the assessee and thereby allowing deductions claimed u/s 54B of the Act. Ld. AR for the respondent-assessee has submitted copy of order dated 12.04.2019. Its copy was also submitted before Learned CIT(A) and taken into consideration. 13. When the claim of the assessee as regards deductions u/s 54B of the Act has been allowed by this Appellate Tribunal vide judgment dated 12.04.2019 i.e. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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