2019 (4) TMI 102

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.... Assessee : Shri. Sandeep C, CA For the Revenue : Smt / Shri. Kapila H, JCIT ORDER PER LALIET KUMAR, JUDICIAL MEMBER : The present appeal is filed by the assessee, against the order of the CIT (A), Gulbarga, dt.29.12.2016, for the assessment year 2010-11, on the following grounds of appeal : 2. The learned Commissioner of income Tax (Appeals) Erred in law and on facts in levyi....

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..... That the penalty u/s 271(1)(c) is bad in law as the learned Commissioner of Income Tax (Appeals) has not recorded his satisfaction properly in the assessment order. 02. It was submitted by the Ld. AR that the Tribunal vide order dt.05.09.2018 in ITA Nos.1352 to 1355/Bang/2016, had decided the quantum appeal in favour of the assessee, wherein at paras 6.2 and 6.3, it was held as under : ....

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....erefore, refrain from adjudicating on the substantive issue of allowability of the assessee's claim for deduction under Section 80P of the Act. 6.2 It may however be mentioned that the Assessing Officer has disallowed the assessee's claim for deduction under Section 8OP of the Act, inter alia, on the issue that the assessee is a federation of societies and other members and hence the ....

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....sists because the quantum addition has already been set aside and remanded back to the AO. Therefore the penalty proceedings pending before this Tribunal is also required to be set aside. 04. Per contra, the Ld. DR relies on the orders of the lower authorities. 05. We have heard the rival contentions and perused the material on record. The penalty proceedings were initiated on the basis o....