SHRI PRAKASH VILAS RASAL,SANGLI vs. I.T.O WARD-5, SANGLI, SANGLI

The above bunch of appeals at the instance of assessee are against the orders of ld.CIT(A) evenly dated 19.11 2024 affirming the levy of penalty u/s.271(1)(c) of the Act pertaining to assessment years 2013-14, 2014-15, 2016-17 and 2015-16 respectively.

At the outset, Ld. Counsel for the assessee submitted that the impugned orders of penalty deserve to be set aside and restored back to the file of ld.CIT(A) as the issue of quantum additions have already been restored to the file of ld.CIT(A) by this Tribunal in 79, 82 and 84/PUN/2025 order dated 21.03.2025. Ld. Departmental Representative failed to controvert this contention.

We have heard the rival contentions and perused the record placed before us. Instant four appeals under appeal are against the levy of penalty u/s.271(1)(c) of the Act. We find that the quantum issue was also challenged by the assessee and vide order dated 21.03.2025 this Tribunal has restored the issue of quantum additions to the file of ld.CIT(A) for denovo adjudication. Since quantum additions have already been restored to the file of ld.CIT(A) and the levy of penalty is dependent upon the additions made in the hands of assessee, the instant four appeals are also restored back to the file of ld.CIT(A) for afresh adjudication and for passing a speaking order as contemplated u/s.250(6) of the Act after providing reasonable opportunity of hearing to the assessee. Effective grounds of appeal raised by the assessee in the instant batch of appeals are allowed for statistical purposes.