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Income Tax Appellate Tribunal, DELHI BENCH “F” NEW DELHI
Before: SHRI AMIT SHUKLA & SHRI PRASHANT MAHARISHI
O R D E R PER AMIT SHUKLA, JUDICIAL MEMBER The aforesaid appeal has been filed by the assessee against the impugned order dated 06.09.2018, passed by ld. Commissioner of Income Tax (Appeals)-V, Delhi in relation to the penalty proceedings u/s.271(1)(c) for the Assessment Year 2005-06. In various grounds of appeal, assesse has challenged the ex-parte order passed by ld. CIT(A) and also the penalty of Rs.3,17,256/- levied by the AO on account of addition of Rs.8,50,000/- and Rs.17,000/- made u/s.68 of the Act.
2. Before us, Shri Ved Jain, learned counsel appearing on behalf of the assesse has submitted that quantum appeal is pending before the ld. CIT(A) at present, and therefore, the penalty proceedings initiated u/s.271(1)(c) is unwarranted. Hence, the matter should be set aside and remanded back before the ld. CIT (A) to be decided afresh after disposing of the quantum appeal.
Ld. DR did not have any objection if the matter is restored back to the file of the ld. CIT (A).
In view of the fact that quantum appeal is still pending and impugned penalty order has been passed ex- parte by the ld. CIT (A), therefore, in the interest of justice, we are remanding back the issue of levy of penalty u/s. 271(1) (c) back to the file of the ld. CIT (A) to be decided afresh and in accordance with law after giving due and effective opportunity of hearing to the assesse.
In the result, the appeal of the assesse is allowed for statistical purposes. Order pronounced in the open Court on 25th July, 2019.