2019 (2) TMI 811

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.... the order of the learned Commissioner of Income Tax (Appeals)-28, Mumbai ('ld.CIT(A) for short) dated 05.10.2016 and pertains to the assessment year (A.Y.) 2011-12. 2. The grounds of appeal read as under: 1. That on the facts and in the circumstances of the case the rejection of the penalty appeal and erred in considering the high quantum of penalty levied of Rs. 50,35,656/- on the income asse....

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....r U/s. 263 against your appellant and upon the said proposition the AR was asked to withdraw the said appeal otherwise the penalty order will be confirmed and same will be passed against your appellant. 4. In the facts, Circumstances and in Law your appellant therefore respectfully submits and decided the issue on the following namely. a. Whether the objections raised in the grounds of appeal ....

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....come on 23/11/2011 declaring a total income of Rs. 13,15,310/- against which the income was assessed at Rs. 25,59,430/-. Subsequently penalty proceedings u/s.271(l)(c) of the I.T. Act, 1961 were initiated and penalty of Rs. 50,35,656/- was levied by the AO. 4. The ld. CIT(A) noted further that the quantum appeal in relation to which this penalty was levied became subject matter of action u/s.263.....

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....returned unserved. Hence, we proceeded to adjudicate the issue by hearing the ld. Departmental Representative and perusing the records. 8. We find that the ld. CIT(A) has not decided the appeal on the ground that section 263 order has been passed in this case and the matter is under challenge before the ITAT. We do not find any reason as to why in such circumstances, the ld. CIT(A) shall refrain ....