Loading judgment…
Facts
The assessee filed penalty appeals against separate orders for AY 2013-14 and 2014-15. The assessee had requested to keep the penalty proceedings in abeyance pending disposal of the quantum appeal. The first appellate authority upheld the penalty.
Held
The Tribunal was of the opinion that the penalty appeal should be remanded to the Ld.CIT(A) to be considered along with the quantum appeal, ensuring the assessee is granted a proper opportunity of being heard.
Key Issues
Whether the penalty appeals should be remanded to the CIT(A) for consideration along with the pending quantum appeal?
Sections Cited
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “B” BENCH, MUMBAI
Before: SMT BEENA PILLAI & SMT RENU JAUHRI
Present for: Assessee by : Shri H. N. Motiwala Revenue by : Ms. Sujata P. Iyangar, Sr. A.R. Date of Hearing : 19.11.2024 Date of Pronouncement : 29.11.2024 O R D E R Per Beena Pillai, JM: Present penalty appeals are filed by the assessee against separate orders dated 22/08/2024 passed by NFAC Delhi/Ld.CIT(A) for assessment years 2013-14 & 2014-15.
& 5237/MUM/2024 Shree Bombay Visa Nagar Vanik Cast Fund 2. At the outset, the Ld.AR submitted that the quantum appeal for A.Y. 2013-14 is pending for disposal before the first appellate authority. He submitted that under such circumstances the application was made by the assessee before the both authorities to appeal to keep the penalty proceedings for the year under consideration in abeyance. It is submitted that, the request of the assessee was considered and the first appellant authority upheld the levy of penalty for the year under consideration. In the interest of justice we are of the opinion that the penalty appeal is to be remanded to the Ld.CIT(A) with a direction to consider the same alongwith the quantum appeal. Needless to say that proper opportunity may be granted to the assessee of being heard. Accordingly the grounds raised by the assessee stands partly allowed for statistical purpose for A.Y.2013-14 & 2014-15. In the result the appeal filed by the assessee stands partly allowed for statistical purpose A.Y.2013-14 & 2014-15. Order pronounced in the open court on 29.11.2024.