2015 (2) TMI 770

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....ORAL) The revenue is before us challenging order dated 26.02.2014, passed by the Income Tax Appellate Tribunal (hereinafter referred to as the 'Tribunal') Chandigarh Bench 'A', Chandigarh, by asserting that the Tribunal has erred in affirming the order passed by the Commissioner of Income Tax (Appeals) (hereinafter referred to as the 'CIT(A)', Gurgaon, reducing the penal....

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....o 5%. It is further submitted that as penalty to the extent of 100% can be imposed and the assessing officer had already taken a lenient view of the mater while imposing penalty of 20%, the reduction of penalty to 5% is not justified. We have heard counsel for the revenue and perused the orders passed by the Tribunal as well as the CIT(A). A perusal of the aforesaid orders reveals that discr....

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....n part by 31-12-2011. Evidence of the payment by the assessee and the group was also furnished. Be that as it may, the levy of penalty was due to non-payment of self-assessment tax and assessee did not respond to the show cause notice issued by the A.O. in this regard. Hence considering the facts and circumstances of the case I think it will be in the fitness of things to direct the A.O. to levy p....