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Issues: Whether the penalty appeal required remand because the first appellate authority did not adjudicate the grounds challenging levy of penalty under section 270A of the Income-tax Act, 1961.
Analysis: The first appellate authority had upheld the penalty order but dealt only with the grounds relating to section 270AA of the Income-tax Act, 1961. The grounds challenging the very levy of penalty under section 270A of the Income-tax Act, 1961 were not examined. In these circumstances, the matter required fresh decision by the first appellate authority in accordance with law.
Conclusion: The matter was restored to the file of the first appellate authority for fresh adjudication.