2026 (7) TMI 1986

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....E DR. JUSTICE K. MANMADHA RAO For the Appellants : Sri Ravi Raj Y. V. And Sri M. Dilip, Advocates For the Respondents : Sri. Mayank Jain, Advocate ORAL JUDGMENT PER: HON'BLE MR. JUSTICE S.G.PANDIT: The revenue is in appeal under Section 260A of the Income Tax Act, 1961 ('the Act', for short) questioning the order dated 14.05.2019 passed in ITA No.1798/Bang/2017 passed by....

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.... been adjudicated from when the original assessment order is subject matter of appeal under section 260A?" 4. "Whether on the facts and in the circumstances of the case, the Tribunal is right in quashing the penalty orders by holding that assessment orders have been quashed by it already without going into question that whether 271(1)(c) conditions are satisfied in case of assesse to attr....

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....on the ground that the assessment orders were quashed by the Tribunal. Hence, it was of the opinion that the penalty proceedings would not be maintainable. 4. Sri. M. Dilip, learned counsel for appellant/revenue would bring to the notice of this Court that the assessment orders which were set aside by the ITAT were the subject matter of ITA No.100015/2017 and connected appeals initiated by the ....

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....view petition before the Court. Therefore, as on this date, the judgment dated 22.07.2019 in ITA No.100015/2017 and connected matters prevail. Any order that would be passed in the review, could be brought to the notice of the Tribunal. 7. Be that as it may, the impugned order passed by the Tribunal setting aside impugned penalty order is solely on the ground that the assessment orders are quas....