SUKHBIRI DEVI,MEERUT vs. ITO, WARD-2(5), MEERUT

The sole issue involved in this appeal is that the CIT(A) erred in confirming the levy of penalty of Rs.2,99,524/- u/s 271(1)(c) of the Income Tax Act, 1961.

The AR of the assessee during the course of hearing submitted before me that the quantum appeal of the assessee for the assessment year 2012-13 has been restored back by the Tribunal to the file of the Assessing Officer for adjudication afresh. Hence, this appeal should also be restored back to the file of the AO for adjudication afresh in light of the decision taken in quantum appeal of the assessee in the set aside proceedings.

In the above facts and circumstances of the case, I set aside the orders of the lower authorities and restore the matter to the file of the AO to adjudicate the issue of levy of penalty u/s 271(1)(c) of the Act in light of the decision taken in the quantum appeal of the assessee in the setting aside proceedings. Thus, the ground of appeal of the assessee is allowed for statistical purposes.

In the result, the appeal of the assessee is allowed for statistical purposes. (Order Pronounced in the Open Court on 05/02/2019).