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Income Tax Appellate Tribunal, DELHI BENCH : A : NEW DELHI
Before: SHRI C.M. GARG & SHRI PRADIP KUMAR KEDIA
ORDER
PER C.M. GARG, JM:
This appeal filed by the Revenue is directed against the order dated 08.03.2022 of the CIT(A), Kanpur-4, for Assessment Year 2015-16.
The ld. Sr. DR does not controvert to the contention of the ld. AR that the Tribunal, by order dated 25.02.2022 in for same assessment yea 2015-16 has deleted the addition by holding the assessment order framed u/s 143(3) of the Act as invalid. However, the ld. CIT-DR submitted that the Revenue has filed appeal against the order dated 25.02.2022 (supra) before the Hon’ble High
Court, thus, penalty order cannot be set aside till adjudication of the matter by the Hon’ble High Court.
Accordingly, in view of above factual position and orders of the Tribunal in quantum appeal quashing the assessment order, grounds of the Revenue are disposed of by holding that penalty does not survive, in view of finding of the Tribunal order dated 25.02.2022 (supra). However, before we part with the order, we make it clear that the Revenue will be entitled to seek recall of this order as per outcome of the judgement of the Hon’ble High Court, if required.