2017 (8) TMI 129

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....Court : 1. The Commissioner Appeals has deleted the penalty imposed by the Assessing Officer under Section 271(1)(c). The said order was confirmed by the Tribunal aggrieved there by the present appeal. 2. Mr.Malhotra the learned counsel for the appellant submits that the Tribunal had earlier allowed the quantum appeal and also deleted the penalty. The revenue filed an appeal before this Cour....

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....y imposed upon the assessee and had also allowed the quantum appeal filed by the assessee. The revenue filed appeal to this Court only against quantum proceedings and no appeal was filed against the order of the Tribunal deleting penalty. The appeal filed by the revenue against the order of the Tribunal allowing the quantum of appeal was allowed. This Court made following observations: " Counse....

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....the negative and in favour of the Revenue." 4. This Court observed that in the event the revenue files an appeal the rights of the assessee would not be foreclosed and the assessee will have right to urge all contentions. It is not disputed that the revenue did not file appeal against the order of the Tribunal setting aside the order of penalty. The order of the Tribunal allowing the appeal and....