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Facts
The assessee filed appeals against the orders of the Ld. CIT(A) regarding quantum appeal and penalty for AY 2017-18. The assessee claimed to have submitted explanations and evidence to the Ld. CIT(A) which were not considered.
Held
The Tribunal noted that the assessee had submitted evidence before the Ld. CIT(A) which was not considered. For the interest of natural justice, the issues were restored to the Assessing Officer for re-adjudication.
Key Issues
Whether the Ld. CIT(A) failed to consider the submissions and evidence provided by the assessee? Whether the penalty is sustainable when the quantum appeal is restored?
Sections Cited
250, 271AAC(1)
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Income Tax Appellate Tribunal, “PATNA” BENCH, PATNA
Before: SHRI GEORGE MATHAN & SHRI RAKESH MISHRA
Present for: Appellant by : Shri Sanjeev Kumar, Advocate Respondent by : Shri Ashwani Kr. Singal, JCIT Date of Hearing : 03.04.2025 Date of Pronouncement : 03.04.2025 O R D E R Per Bench : filed by the assessee is against the order of the Ld. Commissioner of Income Tax (Appeal), NFAC, Delhi [hereinafter referred to as “the Ld. CIT(A)”] passed u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for AY 2017-18 vide order dated 08.10.2024 passed against the quantum appeal and Ld. CIT(A) dated 23.10.2024 is against the penalty levied u/s. 271AAC(1) of the Act.
Shri Sanjeev Kumar, Advocate represented on behalf of the assessee and Shri Ashwani Kr. Singal, JCIT, DR appeared on behalf of the revenue.
& 692/Pat/2024 Faiz Ahamad, AY 2017-18 3. It was submitted by the Ld. AR that the assessee had responded to the notice issued by the Ld. CIT(A), however, the Ld. CIT(A) has not considered the explanations given by the assessee. The proof of filing the confirmations is as follows:
It was the submission by the Ld. AR that the issue may be restored to the file of the Assessing Officer as all these evidences can be considered by the Assessing Officer. The Ld. Sr. DR has not raised any serious objection to this prayer of the Ld. AR of the assessee.
We have heard the rival submissions. As it is noticed that the assessee has not produced these evidences before the Assessing Officer although the same has produced before the Ld. CIT(A) and the Ld. CIT(A) has failed to take into consideration the submission of the assessee. In the interest of natural justice, the issues in this appeal are restored to the file of the Assessing Officer for re-adjudication after granting the assessee adequate opportunity of being heard. Therefore, the filed by the assessee is partly allowed for statistical purposes. is against the penalty levied u/s. 271AAC(1) of the Act. As the quantum appeal has already been restored to the file of the Assessing Officer for re-adjudication afresh and this being a penalty & 692/Pat/2024 Faiz Ahamad, AY 2017-18 levied in respect of the said set aside assessment, the same shall also stand quashed. However, liberty is given to the Assessing Officer to initiate penalty proceedings in the event it is found necessary in the said set aside assessment proceedings.