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आदेश/Order
Per Sanjay Garg, Judicial Member:
The present appeal has been preferred by the assessee against the order dated 27.09.2019 of the Commissioner of Income Tax (Appeals), Palampur [hereinafter referred to as ‘CIT(A)’]
The assessee in this appeal has taken following grounds of appeal:- -Chd/2019- Shri Gopal Mahajan, Bilaspur 2
1. That the order of Learned CIT(A), is against the law and facts of the case.
2. That the Ld. CIT(A) has grossly erred in deciding the penalty order prior to deciding of issue of quantum in appeal on merits specifically when various letters and Order of Hon'ble ITAT, Chandigarh was submitted during hearing to prove the point that quantum proceedings have been set aside to the file of CIT(A) by the Hon'ble ITAT, Chandigarh.
3. That the Ld. CIT(A) is not justified upholding penalty on the issue/addition of Rs. 4,72,831/- on account of unconfirmed balances of creditors, especially when the said issue on merits is still pending before the CIT(A) in quantum proceedings.
4. That the Ld. C1T(A) is otherwise also not justified while upholding penalty on the issue which does not warrant levy of penalty.
5. That the appellant craves, leave to add or amend any grounds of appeal.
3. At the outset, Ld. Counsel for the assessee has submitted that in this case the quantum proceedings have been set aside and the matter is restored to the file of the CIT(A) by the Tribunal vide order dated 27.3.2018 in ITA No.1163/Chd/2016. A copy of the said order has been placed on record.
The Ld. DR has also fairly conceded the aforesaid factual matrix.
We have gone through the record and order dated 27.3.2018 passed by the Tribunal in relating to assessment year 2007-08, wherein, the order of the CIT(A) is set aside and the quantum -Chd/2019- Shri Gopal Mahajan, Bilaspur 3 proceedings have been restored back to the file of the CIT(A). Since the matter in the quantum proceeding has been restored back to the CIT(A), accordingly, the order of the CIT(A) in penalty proceedings is also set aside and the matter is restored back to the file of the CIT(A) to decide it after arriving at the decision in the assessee’s quantum appeal.
In the result, the appeal of the assessee stands allowed for statistical purposes.
Order pronounced on 15.12.2020.