2019 (4) TMI 703

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Adv. And Sh. Shivansh Pandya, Adv. For the Revenue : Smt. Rinku Singh, Sr.DR ORDER PER KULDIP SINGH, JUDICIAL MEMBER : Aforesaid appeals as well as Cross objections having been emanated from same impugned order dated 30.03.2016 passed by Ld. CIT(A) are being decided by way of composite order to avoid of repetition of discussion. 2. The appellant Dy. Commissioner of Income Tax, New D....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s challenging impugned order dated 30.03.2016 passed by Ld. CIT(A)-7, New Delhi qua the assessment year 2009-10 on the grounds, inter alia, that : "1. That the notice issued u/s 271(1)(c) and order passed under said section imposing penalty of Rs. 1,46,56,380/- are illegal, bad in law and without jurisdiction. 2. That no valid satisfaction was recorded before initiation of penalt....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....tions to the tune of Rs. 2,96,680/- and 5,49,40,363/- on account of disallowance of prior period expenses and disallowance u/s 14A read with Rule 8D of the Act, Assessing Officer initiated the penalty proceedings by way of issuance of notice u/s 274 read with Section 271(1)(c). Declining the contentions raised by the assessee that penalty proceedings are not sustainable on the basis of disallowanc....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....y the Ld. AR for the assessee that in the quantum proceedings appeal of the assessee before Tribunal bearing ITA no. 6223/Del/2012 for A.Y. 2009-10 the issue as to disallowance u/s 14A has since been remanded back by the Tribunal vide order dated 08.01.2019 to decide afresh by the Assessing Officer. 8. In view of the matter, we are of the considered view that without entering into merits of thi....