TaxTMI 
TaxTMI 
2026 (7) TMI 206
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....rtly allowed the appeal against the Penalty Order, dated 30/03/2024, passed under Section 270A of the Income Tax Act, 1961 [hereinafter referred to as 'the Act'] for the Assessment Year 2017-2018. 2. We have heard both the sides and have perused the material on record. 3. The delay of 23 days in filing the present appeal is condoned in view of the explanation offered by the Assessee. The Assessee has raised, inter alia, assailed the order passed by the Learned CIT(A) on the following ground: "1. The learned Commissioner of Income Tax (Appeals) has erred in law and on facts in confirming the levy of penalty under section 270A in principle, despite the fact that the very additions forming the basis of penalty stand set aside by....
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....dditions vide Common Order, dated 31/01/2024, passed in ITA Nos. 330, 331, 404 & 495 pertaining to Assessment Years 2017-2018 and 2018-2019. A copy of the aforesaid order of the Tribunal passed in the quantum appeals for the Assessment Year 2017-2018 was placed before the Learned CIT(A). After considering the same, the Learned CIT(A) directed the Assessing Officer to recomputed/modify the penalty in view of the findings in the set-aside order to be passed by the Assessing Officer in consequence of Common Order, dated 31/01/2024, passed by the Tribunal whereby cross appeals in the case of the Assessee for the Assessment Year 2017-2018 were disposed off. The relevant extract of the impugned order passed by the Learned CIT(A) reads as under: ....
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....that the issues in the appeals are mostly covered by the Co-ordinate Bench decisions on identical issues in assessee's own case in ITA No. 2858/Ahd/2015 and Ors. dated 22.07.2022 relating to the Assessment Years 2010-11 to 2012-13 and ITA No.553 to 555/Ahd/2020 and Ors. dated 17.02.2023 relating to the Assessment Years 2013-14 to 2015-16. Ld CIT DR Shri KamleshMakwana appearing for the Revenue also confirmed the same. 4. Ground no. 1: Confirming the addition of 15% Capital Grants as against 10% offered by the assessee. The Ld. Assessing Officer made addition of Rs. 60,71,40,000/- on account of Capital Grants and Subsidies and Consumers' Contribution of Rs. 88,88,08,000/- on the ground that the assessee should transfer 15% of the to....
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....2.07.2022 as follows: "xx xx" 5.2. The Ld. CIT DR appearing for the Revenue has no objection in setting aside the matter back to the file of the Assessing Officer for fresh adjudication. Thus we set aside this issue to the file of the Ld. Assessing Officer and pass orders in accordance with law by giving proper opportunity to the assessee. 5.3. Thus this ground no.1 raised by the assessee is allowed for statistical purposes. 6. Ground no. 2: The assessing officer disallowed the claim of additional depreciation Rs..49,52,66,000/= on the ground that the assessee failed to submit the details and establish the genuineness of the expenditure. On further appeal before Ld. CIT(A), he held that that the assessee ....
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....ons made by the assessee vide its letters dated 04-12-2019 and 10-12-2019 [which are placed at Page No.2 & 17 of the Paper Book], detailed submissions on additional depreciation with Annexures were submitted by the assessee. But the lower authorities failed to consider the amended provisions of law and denied the claim of additional depreciation to the assessee. Therefore, in the interest of Principle of Natural Justice, we hereby set aside this issue to the file of Jurisdictional Assessing Officer to verify the claim of additional depreciation and allow the same in accordance with the provisions of amended law. In the result Ground No. 2 raised by the assessee is allowed for statistical purpose." 9. On perusal of above, it becomes clear....