AJMER SINGH,MOHALI vs. INCOME TAX OFFICER, WARD-6(5), MOHALI, MOHALI

PER RAJ PAL YADAV, VP The assessee is in appeal before the Tribunal against the order of the ld. Commissioner of Income Tax (Appeals) [in short ‘the CIT (A)’] dated 21.08.2024 passed for assessment year 2011-12. 2. The solitary grievance of the assessee is that ld. CIT (Appeals) has erred in upholding the levy of penalty amounting A.Y. 2011-12 2

to Rs.35,50,641/- which was imposed by the AO u/s 271(1)(c) of the Income Tax Act,1961. 3. With the assistance of ld. Representative, we have gone through the record carefully. It emerges out from the record that Tribunal vide ITA-1439/CHD/2019 has set aside this issue to the file of CIT (Appeals). Thus, the quantum addition on whose foundation penalty is to be computed under sub-clause
(iii) of Section 271(1)(c) of the Act is yet to be finalized. Hence, the present penalty is not sustainable upon the assessee. The impugned order is set aside and the issue is relegated to the file of AO for re-examining the issue whether assessee deserves to be visited with penalty or not after the decision of the CIT
(Appeals) in the quantum appeal against the assessment order which has been restored by the Tribunal to the CIT (Appeals).
4. In the result, appeal of the assessee is allowed for statistical purposes.
Order pronounced on 06.06.2025. (KRINWANT SAHAY)
VICE PRESIDENT

“Poonam”
A.Y. 2011-12
3

आदेश कȧ ĤǓतͧलͪप अĒेͪषत/ Copy of the order forwarded to :

आदेशानुसार/ By order,
सहायक पंजीकार/