2021 (4) TMI 244

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....rder on the following grounds of appeal before us: "1. In the facts and circumstances of the case and in law, the learned CIT(A), Mumbai has erred in deciding the penalty appeal of the appellant without first disposing of the appeal against the assessment order despite the appellant repeatedly requesting for the same. 2. In the facts and circumstances of the case and in law, the learned CIT(A), Mumbai has erred in sustaining the penalty imposed by Assessing Officer u/s. 271(1)(c) of Rs. 62,98,060/- without appreciating the legal and factual matrix of the case. 3. The appellant craves leave to add, alter, delete or modify all or any of the above grounds of appeal. All the above grounds are without prejudic....

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....ot be imposed on it as regards the interest expenses of Rs. 2,03,82,070/- that was disallowed under Sec. 69C while framing the assessment under Sec. 144, dated 28.12.2016. As the assessee failed to substantiate its claim for the expenses in question, the A.O vide his order passed u/s. 271(1)(c) dated 29.06.2017 imposed a penalty of Rs. 62,98,060/-. 5. Aggrieved, the assessee assailed the order passed by the A.O under Sec. 271(1)(c), dated 29.06.2017 before the CIT(A). However, the CIT(A) not finding favour with the contentions advanced by the assessee dismissed the appeal. 6. The assessee being aggrieved with the order passed by the CIT(A) has carried the matter in appeal before us. The ld. Authorized Representative (for short 'A.....

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....uantum appeal against the order passed by the A.O under Sec. 144, dated 28.12.2016 was filed by the assessee in the course of hearing of the appeal by the CIT(A) against the penalty imposed by the A.O under Sec. 271(1)(c). As is discernible from the order of the CIT(A), the assessee had in the course of hearing of the appeal against the penalty imposed by the A.O under Sec. 271(1)(c) had requested the first appellate authority that the hearing of the said appeal be deferred and be taken up after the quantum appeal was disposed off by him. However, the aforesaid request of the assessee for keeping the appeal filed against the penalty imposed under Sec. 271(1)(c) in abeyance till the disposal of the quantum appeal did not find favour with the....