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Income Tax Appellate Tribunal, MUMBAI BENCHES “F”, MUMBAI
Before: Shri Shamim Yahya, AM & Shri Sandeep Gosain, JM
O R D E R
Per Shamim Yahya, AM
This appeal by the assessee is directed against order of learned CIT(A) dated 03.03.2016 and pertains to assessment year 2008-2009.
The issue raised is that learned CIT(A) erred in holding that the penalty of Rs.13,59,600 imposed by the Assessing Officer.
At the outset in this case, learned Counsel of the assessee submitted that the quantum appeal with reference to which this penalty has been levied has been remitted by the ITAT for fresh consideration before the Assessing Officer. Hence, learned Counsel pleaded that this issue may be set aside to the file of the Assessing Officer to be considered afresh after passing of the order by the Assessing Officer in the quantum appeal.
. M/s.Bharat Enterprises. 4. Per contra, learned Departmental Representative fairly agreed to the proposition.
We find that the in the quantum appeal in this regard has been set aside by this Tribunal to the file of the Assessing Officer for fresh consideration vide order dated 21.10.2016 Hence the issue raised in this appeal also needs to be remitted to the file of the Assessing Officer. Accordingly, we set aside the issue to the file of the A.O. The Assessing Officer shall consider the issue afresh after passing the order in consequence to the set aside order of the Tribunal as above.