2014 (5) TMI 991

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....A.R. ORDER Per Shri Kul Bharat, Judicial Member : These two appeals by the Revenue pertaining to same assessee are directed against the separate orders of the Ld.Commissioner of Income Tax(Appeals)-VI, Ahmedabad ('CIT(A)' for short) dated 06/09/2010 & 20/09/2010 for Assessment Years (AYs) 2003-04 & 2004-05 respectively. 2. First, we take up the Revenue's appeal in ITA No.3189/Ahd/2010 ....

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....ction of claim of deduction u/s.80HHC of the IT Act, 1961 and adjustment with regard to the transfer pricing. Both these issues have been set aside to the file of the Assessing Officer by the ITAT "A" Bench Ahmedabad vide order dated 08/04/2011 in ITA Nos.404 and 3055/Ahd/2007 for AYs 2003-04 & 2004-05. A copy of the order of the Tribunal is placed on record by the ld.counsel for the assessee. ....

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....aised the following grounds of appeal:- 1. The Ld.CIT(A) erred in law and on facts in deleting the penalty of Rs.15,54,614/- levied u/s.271(1)(c) on account of adjustment with regard to Royalty payment of A.Y. 2003-04 claimed in AY 2004-05. On the facts and in the circumstances of the case and in law, the CIT(A) ought to have upheld the order of the Assessing Officer since the assessee has f....