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Assessee's penalty appeal allowed, matter restored to Assessing Officer for consistency. The Tribunal allowed the assessee's appeal against the penalty imposed under section 271(1)(c) of the Income Tax Act, 1961. The penalty matter was ...
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Assessee's penalty appeal allowed, matter restored to Assessing Officer for consistency.
The Tribunal allowed the assessee's appeal against the penalty imposed under section 271(1)(c) of the Income Tax Act, 1961. The penalty matter was restored to the Assessing Officer following the restoration of the quantum appeal to maintain consistency. This decision enables the Assessing Officer to initiate penalty proceedings afresh if necessary after the quantum appeal is decided again. The appeal was allowed for statistical purposes, indicating the restoration of the penalty appeal for further proceedings.
Issues: Appeal against penalty imposition under section 271(1)(c) of the Income Tax Act, 1961
1. Background: The appeal was filed by the assessee against the penalty imposed under section 271(1)(c) of the Income Tax Act, 1961 for the assessment year 2010-11.
2. Contentions: The authorized representative (AR) of the assessee argued that since the quantum appeal had been restored to the file of the Assessing Officer, the penalty matter should also be sent back to the Assessing Officer.
3. Department's Response: The Senior Departmental Representative (DR) did not oppose the assessee's appeal being restored to the Assessing Officer, considering the restoration of the quantum appeal.
4. Judgment: After considering the submissions and noting that the quantum appeal had been restored by a Coordinate Bench of the Tribunal, the Tribunal decided to restore the penalty appeal to the file of the Assessing Officer. This decision was made to maintain consistency, allowing the Assessing Officer to initiate penalty proceedings afresh if necessary after the quantum appeal had been decided again.
5. Outcome: The appeal of the assessee was allowed for statistical purposes, indicating that the decision was made to restore the penalty appeal to the Assessing Officer for further proceedings. The order was pronounced in the open court on 31st May, 2019.
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