2018 (9) TMI 620

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....ER PER SUCHITRA KAMBLE, JM These two appeals are filed by the assessee against the order dated 16/2/2015 & 24/03/2015 passed by CIT(A)-XXIV, New Delhi for Assessment Year 2003-04. 2. The grounds of appeal are as under:- ITA No. 2131/DEL/2015 1. "The Ld.CIT (A) has erred on facts and in law in not considering the facts and circumstances of the case and has further erred in rejecting the requ....

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.... facts and in law in upholding the penalty order without looking at the merit of the additions made especially in view of the fact that the appeal on quantum addition was dismissed only on account of delay in filing of appeal. 4. The Ld. CIT (A) has erred on facts and in law in summarily dismissing the detailed submission of the appellant without ascribing any reason whatsoever and has further ....

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....n on the issue of share capital but that does not lead to an inference that there has been a lack of enquiry on his part on the issue. It is clear that an order cannot be termed as erroneous unless it is not in accordance with law. If an AO, acting in accordance with law makes a certain assessment, the same cannot be branded as erroneous by the Commissioner simply because according to him the orde....

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....able to be quashed. The proceedings u/s 263 of the Act are accordingly quashed." As the proceedings, u/s 263 of the Act have been quashed by the Tribunal, therefore, the assessment and penalty proceedings started consequent to that order, does not survive. The order of the Tribunal, however, was subject matter of appeal before the Hon'ble Allahabad High Court and order has been passed by the Hon....