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    <title>2025 (2) TMI 227 - ITAT AHMEDABAD</title>
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    <description>ITAT Ahmedabad held that penalty under Section 271(1)(c) cannot survive when the underlying addition on which it was based has been deleted by the Coordinate Bench. The Tribunal ruled that Section 275(1A) empowers the Assessing Officer to modify penalties following quantum appeals. Since the primary addition was set aside for fresh adjudication, the penalty automatically becomes unsustainable. The Commissioner (Appeals) order deleting the penalty was upheld, and the Revenue&#039;s appeal was dismissed as lacking merit.</description>
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    <pubDate>Tue, 04 Feb 2025 00:00:00 +0530</pubDate>
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      <title>2025 (2) TMI 227 - ITAT AHMEDABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=765681</link>
      <description>ITAT Ahmedabad held that penalty under Section 271(1)(c) cannot survive when the underlying addition on which it was based has been deleted by the Coordinate Bench. The Tribunal ruled that Section 275(1A) empowers the Assessing Officer to modify penalties following quantum appeals. Since the primary addition was set aside for fresh adjudication, the penalty automatically becomes unsustainable. The Commissioner (Appeals) order deleting the penalty was upheld, and the Revenue&#039;s appeal was dismissed as lacking merit.</description>
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      <pubDate>Tue, 04 Feb 2025 00:00:00 +0530</pubDate>
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