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Income Tax Appellate Tribunal, [ DELHI BENCH A : NEW DLEHI ]
Before: SHRI G.S. PANNUA N D SHRI K. NARASIMHA CHARY
Date of hearing : 28/02/2020 Date of order : 02/03/2020
O R D E R PER K. NARASIMHA CHARY, J.M. :
This is an appeal filed against order dated 28/02/2017 passed by the Commissioner of Income Tax (Appeals)-30, New Delhi, in the case of M/s. Sunshine Capital Ltd. ("Assessee") for assessment year 2008-09.
At the outset, learned Authorized Representative submitted that this is a penalty appeal and the addition giving rise to this penalty was dealt with by co- ordinate bench of the Tribunal in (Del) of 2014 by order dated 08.10.2018. The Tribunal had taken a view that the order of the first appellate authority has to be set aside and the issue to be remanded to the file of the Assessing Officer.
The learned counsel for the assessee produced the copy of the order and we have perused the same.
The learned Senior Departmental Representative does not controvert this fact.
We have heard the parties and perused the records. Since the very basis for levy of penalty i.e. issue of quantum has been set aside to the file of the learned Assessing Officer, we are of the considered opinion that penalty based on such non-existent ground does not survive. In the fitness of things, we set aside the impugned order and remand the issue of penalty to the file of the Assessing Officer to take a view in consonance with the view to be taken on the r"" aspect of quantum.
In the result, the appeal of the assessee is allowed, for statistical purposes.
Order pronounced in the open court on : O2/O3/2020) DATED :02/03/2020 *MEHTA*