2023 (8) TMI 443

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....e Revenue : Ms. Saumya Pandey Jain, Sr.DR ORDER PER ANNAPURNA GUPTA, ACCOUNTANT MEMBER Present two appeals have been filed by the Revenue against orders passed by the ld. Commissioner of Income Tax (Appeals)-12, Ahmedabad [hereinafter referred to as "Ld.CIT(A)"] of even dated 24.3.2022 passed under section 250(6) of the Income Tax Act, 1961 [hereinafter referred to as "the Act" for short]....

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....he Hon'ble ITAT was also based on technical issue, which is subjudice before Hon'ble Apex Court. ii) It is, therefore, prayed that the order the AO may be restored to the above of the case and in law, the Ld.CIT(A) has erred in assessing Officer under Sec. 271.(l)(c) of the Act of grounds taken by the assessee, without appreciating and by simply observing that the Hon'ble ITAT has and....

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....ate authority. In the meanwhile, the Tribunal decided the quantum of appeals of the assessee in IT(SS)A.No.265 & 266/Ahd/2019 for the above two assessment years and deleted both quantum additions vide common order dated 22.11.2021. A copy of the order of the Tribunal is placed on record. 4. In the penalty proceedings before the first appellate authority, the assessee brought to the notice the f....

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....The ld.DR has not contested the above factual aspect, while the assessee has filed a written submission vouching the above facts. 6. On due consideration of the facts and circumstances, and the submissions of both the parties, and the order of the ITAT cited (supra) the Tribunal vide order dated 22.11.2021 (supra) having deleted the additions on which penalty was levied u/s 271(1)(c) of the Act....