2012 (10) TMI 1003

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....ence. 2. The grounds raised by the Revenue in ITA No.354(Asr)/2012, which are common in other appeals, are reproduced as under: "1. That on the facts and in the circumstances of the case the Ld. CIT(A) has erred in allowing the appeal of the assessee by placing reliance upon the decision of Income Tax Appellate Tribunal, Amritsar Bench, Amritsar, who ha quashed the order of the AO on a purely legal issue and without considering the facts of the case although the issue has not attained finality. 2. That on the facts and in the circumstances of the case the Ld. CIT(A) has erred in holding the initiation of penalty proceeding u/s 271(1)(c) of the Income Tax Act, 1961 as bad in law when the legal issue of service of notice upon the POA....

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....sed the relevant material available with us, especially the order passed by this Bench dated 21stMay,2012 in assessees own cases in ITA Nos. 190, 191 & 192(Asr)2010 for the assessment year 1999-2000 (supra). We are of the view that this Bench has quashed the assessments in dispute on which penalty in dispute has been imposed, therefore, the question of levying the penalty u/s 271(1)(c) of the I.T. Act, does not arise. 6.1. The Ld. CIT(A) has also cancelled the penalty in dispute by following the decision of this Bench dated 21st May, 2012. The relevant portion of the impugned order of CIT(A) at page 5 (para 5 to 7) is reproduced as under: "5. I have considered the submissions carefully. The quantum appeals of all the three appellants ....