RAVINDRA R FOTEDAR,MUMBAI vs. ASST CIT CIR 10(2), MUMBAI

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ITA 2773/MUM/2014Status: DisposedITAT Mumbai23 October 2017AY 2009-102 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal set aside the CIT(A)'s order confirming the penalty and restored the issue to the CIT(A) for fresh adjudication. This was because the quantum appeal was restored to the CIT(A), and the findings in the quantum appeal would impact the penalty.

What were the facts?

The assessee appealed against the CIT(A)'s order confirming a penalty levied under section 271(1)(c). The issue for which the addition and penalty were made was previously considered by the Tribunal in the quantum appeal.

What were the issues?

Whether the penalty under section 271(1)(c) can be sustained when the underlying quantum addition is subject to fresh adjudication by the CIT(A).

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, D Bench, Mumbai

Before: Shri P K Bansal & Shri R.L. Negi

For Appellant: Shri Govind Jhaveri
For Respondent: Shri Purshottam Kumar
Hearing: 12.10.2017Pronounced: 23.10.2017

Per P.K. Bansal, Vice President

This appeal has been filed by the assessee against the order of the CIT(A)-22, Mumbai dated 07.02.2014 for A.Y. 2009-10 confirming penalty levied by the AO under section 271(1)(c) of the Income Tax Act.

After hearing the rival submissions and going through the orders of the tax authorities below we noted that the issue for which the addition has been made by the AO and in respect of which the penalty has been levied by the AO has been considered by this Tribunal when the quantum appeal has travelled to the Tribunal. The Tribunal set aside the order of the CIT(A) restoring this issue to the file of the CIT(A) to decide the quantum appeal afresh. Since the quantum appeal has been restored to the CIT(A), we therefore set aside the order of the CIT(A) confirming the penalty levied by the AO and restore this issue also to the file of the CIT(A) to decide this issue afresh after giving opportunity to the assessee as in our opinion the finding given in the quantum appeal will have bearing on levy of penalty under section 271(1)(c) of the Act.

Shri Ravindra R. Fotedar 2. In the result, the appeal filed by the assessee stands allowed for statistical purposes.

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