2019 (6) TMI 82

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....ppeal by the revenue is directed against the order of the ld. CIT (A)-1, Jaipur dated 20th August, 2018 arising from the penalty order passed under section 271(1)(c) of the IT Act for the assessment year 2012-13. The revenue has raised the solitary ground as under :- "Whether in the facts and in the circumstances of the case and in law, the ld. CIT (A) was justified in deleting the penalty u/s 2....

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....llate order dated 27.04.2018 in ITA No. 284/JP/2017 for the year under consideration, the appeal of the appellant has been allowed and the addition has been deleted by the Hon'ble ITAT, Jaipur by observing as under :- " 7. ........Accordingly, in the facts and circumstances of the case, we are of the considered view that the ALV of the property in question would be Nil as it was not possible to ....

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....he penalty for concealment and, therefore, in such a case no such penalty can survive and the same is liable to be cancelled as in the instant case. Ordinarily, the penalty cannot stand if the assessment itself is set aside. Where an order of assessment or reassessment on the basis of which penalty has been levied on the assessee has itself been finally set aside or cancelled by the Tribunal or ot....