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Income Tax Appellate Tribunal, IN THE INCOME TAX APPELLATE TRIBUNAL
Before: HON’BLE HON’BLE SHRI MAHAVIR PRASAD, SHRI MANOJ KUMAR AGGARWAL, AM SHRI MANOJ KUMAR AGGARWAL, AM
आदेश / O R D E R Manoj Kumar Aggarwal Manoj Kumar Aggarwal (Accountant Member)
In the present appeal, the assessee is contesting levy of penalty of In the present appeal, the assessee is contesting levy of penalty of In the present appeal, the assessee is contesting levy of penalty of Rs.9.54 Lacs u/s 271(1)(c) for AY 2007 Rs.9.54 Lacs u/s 271(1)(c) for AY 2007-08 as confirmed by Ld. first 08 as confirmed by Ld. first appellate authority vide impugned order dated appellate authority vide impugned order dated 19/03/2018 which is an 19/03/2018 which is an ex-parte order. It is an admitted position that quantum additions against admitted position that quantum additions against admitted position that quantum additions against which the penalty has been levied has which the penalty has been levied has already been set been set-aside by the Tribunal to the file of Ld. AO for fresh adjudication vide ITA Tribunal to the file of Ld. AO for fresh adjudication vide ITA Tribunal to the file of Ld. AO for fresh adjudication vide ITA
Shaileshbhai Kantilal Patel Shaileshbhai Kantilal Patel Assessment Year : 2007-08 Assessment Year : 2007 No.586/Ahd/2016 order dated 20/12/2019. A copy of the same is on No.586/Ahd/2016 order dated 20/12/2019. A copy of the same is on No.586/Ahd/2016 order dated 20/12/2019. A copy of the same is on record. In view of the same, since the matter of quantum has already view of the same, since the matter of quantum has already view of the same, since the matter of quantum has already been set-aside by the co aside by the co-ordinate bench, the matter of consequential ordinate bench, the matter of consequential penalty also stands remitted back to the file of Ld.AO for fresh penalty also stands remitted back to the file of Ld.AO for fresh penalty also stands remitted back to the file of Ld.AO for fresh adjudication in the light of fresh quantum assessment. adjudication in the light of fresh quantum assessment.
Resultantly, the appeal stands allowed for statistical purposes. tantly, the appeal stands allowed for statistical purposes. tantly, the appeal stands allowed for statistical purposes.
Order pronounced in the open court on onounced in the open court on 04/03/2020 /03/2020