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Income Tax Appellate Tribunal, DELHI BENCH SMC NEW DELHI
Before: SHRI G.D. AGRAWAL, HON’BLE & SHRI SUDHANSHU SRIVASTAVAShri Ashutosh Agarwal, vs Income Tax Officer,
order dated 5.7.2018 passed by the Ld. CIT (Appeals), Ghaziabad for A.Y. 2012-13 wherein the assessee had challenged the imposition of penalty u/s 271(1)(c) of the Income Tax Act, 1961 (hereinafter referred to as "the Act") amounting to Rs. 1,67,010/- and vide the impugned order, the Ld. CIT (A) has dismissed the assessee’s appeal ex parte.
2.0 At the outset, the Ld. AR placed on record a copy of the order of the ITAT in the quantum appeal preferred by the assessee for assessment year 2012-13 in and submitted that vide order dated 14.09.2018, the ITAT has restored the quantum appeal to the file of the Assessing Officer.
It was submitted that since the quantum appeal has been restored to the file of the Assessing Officer, the penalty order also does not survive.
The Ld. Sr. DR had no objection to the present appeal also being restored to the file of the Assessing Officer.
In view of the fact that the quantum appeal has been restored to the file of the Assessing Officer, it will be in the fitness of things that the penalty appeal is also restored to the file of the Assessing Officer. Accordingly, we restore the penalty proceedings also to the file of the Assessing Officer.
In the result, the appeal of the assessee stands allowed for statistical purposes.
Order pronounced in the open court on 9th October, 2018.