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Income Tax Appellate Tribunal, DELHI BENCH “G” DELHI
Before: SHRI SAKTIJIT DEY & SHRI PRADIP KUMAR KEDIA
The captioned appeal has been filed by the assessee against the order of the ld. CIT(A)-VII, New Delhi dated 27.02.2017 arising from the order passed by the Assessing Officer u/s. 271(1)(c) of the Act dated 27.09.2016 concerning Assessment Year 2013-14. The assessee is mainly aggrieved by levy of penalty of Rs.5,18,34,214/-.
At the outset, ld. counsel for the assessee submitted that in the quantum proceedings, the Tribunal vide order dated 27.01.2020 in has restored the matter back to the file of the CIT(A) for adjudication on merits and consequently, the imposition of penalty is dependent upon the outcome of quantum proceedings pending before CIT(A).
Learned Department Representative endorsed that the quantum proceedings has been restored back to the file of the CIT(A) for fresh adjudication.
After considering the aforesaid submissions, we find that in the quantum proceedings, the Tribunal has restored the matter back to the file of the CIT(A). Consequently, the impugned appeal challenging imposition of penalty should also be restored back to the file of the CIT(A). The CIT(A) is directed to pass appellate order after taking into account the position of law and facts in the light of decision rendered in quantum proceedings. Thus, we restore the issue back to the file of the CIT(A) for fresh adjudication.
In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open Court on 17/06/2022.